Opinion
393 KA 14-01898
06-03-2022
The PEOPLE of the State of New York, Respondent, v. Devon L. STOKES, Defendant-Appellant.
THE SAGE LAW FIRM GROUP PLLC, BUFFALO (KATHRYN FRIEDMAN OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
THE SAGE LAW FIRM GROUP PLLC, BUFFALO (KATHRYN FRIEDMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CENTRA, LINDLEY, AND CURRAN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, attempted murder in the second degree ( Penal Law §§ 110.00, 125.25 [1] ). Viewing the evidence in the light most favorable to the People (see People v. Contes , 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 [1983] ), we conclude that the evidence is legally sufficient to establish defendant's identity as the perpetrator (see People v. Spencer , 191 A.D.3d 1331, 1332, 140 N.Y.S.3d 656 [4th Dept. 2021], lv denied 37 N.Y.3d 960, 147 N.Y.S.3d 544, 170 N.E.3d 418 [2021] ). Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v. Danielson , 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ), we reject defendant's further contention that the verdict is against the weight of the evidence as to identity (see generally People v. Bleakley , 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ). Defendant's contention that he was denied effective assistance of counsel involves matters outside the record and therefore must be raised in a proceeding pursuant to CPL article 440 (see People v. Jenkins , 197 A.D.3d 927, 927-928, 153 N.Y.S.3d 301 [4th Dept. 2021], lv denied 37 N.Y.3d 1097, 156 N.Y.S.3d 790, 178 N.E.3d 437 [2021] ). We have reviewed defendant's remaining contentions and conclude that none warrants reversal or modification of the judgment.