People v. Polanco

Appellate Division of the Supreme Court of New York

People v. Polanco

22 A.D.3d 271, 801 N.Y.S.2d 737

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 11, 2005

StatusPublished

This text of 22 A.D.3d 271 (People v. Polanco) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Polanco, 22 A.D.3d 271, 801 N.Y.S.2d 737 (N.Y. Ct. App. 2005).

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Opinion

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered January 3, 2001, convicting defendant, after a nonjury trial, of assault in the first and second degrees and criminal possession of a weapon in the fourth degree, and sentencing him to an aggregate term of 10 years, unanimously affirmed.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). The evidence disproved defendant’s justification defense beyond a reasonable doubt.

Defendant’s ineffective assistance of counsel claim rests primarily on matters outside the record, including counsel’s strategy and preparation, and is thus unreviewable on direct appeal. To the extent the existing record permits review, it establishes that defendant received effective assistance under the state and federal standards (see People v Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]). [272]*272Concur—Buckley, P.J., Mazzarelli, Andrias, Friedman and Sweeny, JJ.

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Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered January 3, 2001, convicting defendant, after a nonjury trial, of assault in the first and second degrees and criminal possession of a weapon in the fourth degree, and sentencing him to an aggregate term of 10 years, unanimously affirmed.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). The evidence disproved defendant’s justification defense beyond a reasonable doubt.

Defendant’s ineffective assistance of counsel claim rests primarily on matters outside the record, including counsel’s strategy and preparation, and is thus unreviewable on direct appeal. To the extent the existing record permits review, it establishes that defendant received effective assistance under the state and federal standards (see People v Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]). [272]*272Concur—Buckley, P.J., Mazzarelli, Andrias, Friedman and Sweeny, JJ.

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Bluebook (online)

22 A.D.3d 271, 801 N.Y.S.2d 737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-polanco-nyappdiv-2005.

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