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People v. Taggio

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 1986
122 A.D.2d 236 (N.Y. App. Div. 1986)

Opinion

July 21, 1986

Appeal from the County Court, Suffolk County (Rohl, J.).


Judgment affirmed. This case is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).

A review of the evidence, the law and the circumstances of the instant case reveals that meaningful representation was provided to the defendant and that his constitutional right to the effective assistance of counsel was satisfied (see, People v Satterfield, 66 N.Y.2d 796; People v Baldi, 54 N.Y.2d 137).

The defendant's contention regarding the jury charge on the presumptions contained in Penal Law § 165.55 (1) and (2) has not been preserved for our review (see, People v Thomas, 50 N.Y.2d 467; People v McClain, 107 A.D.2d 765), and we decline to review it in the exercise of our interest of justice jurisdiction.

We also decline to disturb the sentence. Lazer, J.P., Mangano, Lawrence and Eiber, JJ., concur.


Summaries of

People v. Taggio

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 1986
122 A.D.2d 236 (N.Y. App. Div. 1986)
Case details for

People v. Taggio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO TAGGIO…

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

Date published: Jul 21, 1986

Citations

122 A.D.2d 236 (N.Y. App. Div. 1986)