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People v. Barnes

Appellate Division of the Supreme Court of New York, Fourth Department
May 2, 2003
305 A.D.2d 1095 (N.Y. App. Div. 2003)

Opinion

KA 01-01546

May 2, 2003.

Appeal from a judgment of Supreme Court, Monroe County (Fisher, J.), entered April 5, 2001, convicting defendant after a jury trial of, inter alia, murder in the second degree.

ROBERT W. WOOD, ROCHESTER, FOR DEFENDANT-APPELLANT.

HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (ARTHUR G. WEINSTEIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, LAWTON, AND HAYES, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

We reject the contention of defendant that he was denied effective assistance of counsel ( see generally People v. Baldi, 54 N.Y.2d 137, 147). Defense counsel had a discernible strategy, and it is not for this Court "to second-guess whether a course chosen by [defense] counsel was the best trial strategy, or even a good one, so long as defendant was afforded meaningful representation" ( People v Satterfield, 66 N.Y.2d 796, 799-800). Defendant has failed to preserve for our review his further contention that Supreme Court erred in admitting evidence that witnesses identified a codefendant in a lineup ( see CPL 470.05), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see 470.15 [6] [a]). The sentence is neither unduly harsh nor severe.


Summaries of

People v. Barnes

Appellate Division of the Supreme Court of New York, Fourth Department
May 2, 2003
305 A.D.2d 1095 (N.Y. App. Div. 2003)
Case details for

People v. Barnes

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. SERGIO BARNES…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 2, 2003

Citations

305 A.D.2d 1095 (N.Y. App. Div. 2003)
759 N.Y.S.2d 717

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