People v. Velez

286 A.D.2d 406, 728 N.Y.S.2d 720, 2001 N.Y. App. Div. LEXIS 8000
Appellate Division of the Supreme Court of the State of New York·Decided August 13, 2001·Published·Cited by 5 cases

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Wade, J.), rendered May 9, 1996, convicting him of murder in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court properly denied the defendant’s challenge for cause of a prospective juror. Moreover, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt.

The defendant received the effective assistance of trial counsel (see, People v Benevento, 91 NY2d 708). The defendant’s claim that he was denied the effective assistance of appellate counsel cannot be addressed on this appeal, as the proper procedure for addressing such a claim is an application for writ of error coram nobis addressed to this Court (see, People v Bachert, 69 NY2d 593; People v Hood, 180 AD2d 751).

The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are without merit. Krausman, J. P., McGinity, Schmidt and Adams, JJ., concur.

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People v. Velez, 286 A.D.2d 406, 728 N.Y.S.2d 720, 2001 N.Y. App. Div. LEXIS 8000 (N.Y. Ct. App. 2001).

286 A.D.2d 406 (People v. Velez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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