From Casetext: Smarter Legal Research

People v. Schuler

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1990
158 A.D.2d 922 (N.Y. App. Div. 1990)

Opinion

February 2, 1990

Appeal from the Erie County Court, Drury, J.

Present — Callahan, J.P., Boomer, Pine, Balio and Davis, JJ.


Judgment unanimously affirmed. Memorandum: The issues raised by defendant on appeal lack merit. The fact that defendant's counsel failed to make a suppression motion did not, by itself, establish ineffective assistance of counsel and defendant has not demonstrated the absence of strategic or other legitimate explanations for such failure (see, People v Rivera, 71 N.Y.2d 705, 708-709). From the evidence, the jury was entitled to find that, although defendant was intoxicated at the time of the homicide, he was not so intoxicated that he lacked the ability to form an intent to kill (see, People v Gerdvine, 210 N.Y. 184; People v Scott, 111 A.D.2d 45, 46). Whether defendant acted under extreme emotional disturbance was an issue for the jury, and its rejection of that defense was not against the weight of the evidence (see, People v Casassa, 49 N.Y.2d 668, cert denied 449 U.S. 842). Finally, the sentence of 21 years to life was not harsh and excessive.


Summaries of

People v. Schuler

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1990
158 A.D.2d 922 (N.Y. App. Div. 1990)
Case details for

People v. Schuler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK SCHULER, Appellant

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

Date published: Feb 2, 1990

Citations

158 A.D.2d 922 (N.Y. App. Div. 1990)
551 N.Y.S.2d 86

Citing Cases

People v. Pagan

Although reasonable legal minds may differ on the better strategy with respect to a charge of intoxication,…

People v. Pagan

Although reasonable legal minds may differ on the better strategy with respect to a charge of intoxication,…