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People v. Gritzke

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 15, 2002
292 A.D.2d 805 (N.Y. App. Div. 2002)

Opinion

271

March 15, 2002.

Appeal from a judgment of Erie County Court (D'Amico, J.), entered July 12, 2000, convicting defendant after a jury trial of, inter alia, assault in the second degree (two counts).

Felle, Stocker Margulis, Williamsville (Wayne C. Felle of counsel), for defendant-appellant.

Frank J. Clark, District Attorney, Buffalo (Joseph Kilbridge of counsel), for plaintiff-respondent.

PRESENT: GREEN, J.P., HAYES, HURLBUTT, KEHOE, AND LAWTON, JJ.


MEMORANDUM AND ORDER

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

Memorandum:

Defendant appeals from a judgment convicting him after a jury trial of two counts of assault in the second degree (Penal Law § 120.05,[9]), one count of intimidating a witness in the third degree (Penal Law § 215.15), and other crimes. The verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). "Great deference is to be accorded to the fact-finder's resolution of credibility issues based upon its superior vantage point and its opportunity to view witnesses, observe demeanor and hear the testimony" ( People v. Valencia, 263 A.D.2d 874, 876, lv denied 94 N.Y.2d 799). Contrary to the contention of defendant, he received effective assistance of counsel ( see generally, People v. Baldi, 54 N.Y.2d 137, 147). Finally, the sentence is not unduly harsh or severe.


Summaries of

People v. Gritzke

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 15, 2002
292 A.D.2d 805 (N.Y. App. Div. 2002)
Case details for

People v. Gritzke

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, Plaintiff-respondent, v. RONALD GRITZKE…

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

Date published: Mar 15, 2002

Citations

292 A.D.2d 805 (N.Y. App. Div. 2002)
738 N.Y.S.2d 643

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