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People v. Linares

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 504 (N.Y. App. Div. 1999)

Opinion

Submitted September 7, 1999

October 18, 1999

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.).


ORDERED that the judgment is affirmed.

To the extent that the defendant's claim of ineffective assistance of counsel is premised upon the defense counsel' s failure to present certain evidence at the pretrial hearing, it involves matters which are dehors the record and are not properly presented on direct appeal (see, People v. Boyd, 244 A.D.2d 497). Insofar as we are able to review the defendant's ineffective assistance of counsel claim, we find that the defense counsel's performance amply met the standard of meaningful representation (see, People v. Ellis, 81 N.Y.2d 854).

Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit.

BRACKEN, J.P., KRAUSMAN, McGINITY, and SCHMIDT, JJ., concur.


Summaries of

People v. Linares

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 504 (N.Y. App. Div. 1999)
Case details for

People v. Linares

Case Details

Full title:THE PEOPLE, etc., respondent, v. JORGE LUIS LINARES, appellant. (Ind. No…

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

Date published: Oct 18, 1999

Citations

265 A.D.2d 504 (N.Y. App. Div. 1999)
696 N.Y.S.2d 863

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