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People v. Velez

Appellate Division of the Supreme Court of New York, Second Department
Aug 13, 2001
286 A.D.2d 406 (N.Y. App. Div. 2001)

Opinion

Argued June 21, 2001.

August 13, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Wade, J.), rendered May 9, 1996, convicting him of murder in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Andrew C. Fine, New York, N.Y. (Rosali Vazquez and Toko Serita of counsel), for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Rhea A. Grob, Tziyonah M. Langsam, Florence M. Sullivan, and Brendan Fitzgerald Crowe of counsel), for respondent.

Before: GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.


ORDERED that the judgment is affirmed.

The Supreme Court properly denied the defendant's challenge for cause of a prospective juror. Moreover, viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.

The defendant received the effective assistance of trial counsel (see, People v. Benevento, 91 N.Y.2d 708). The defendant's claim that he was denied the effective assistance of appellate counsel cannot be addressed on this appeal, as the proper procedure for addressing such a claim is an application for writ of error coram nobis addressed to this court (see, People v. Bachert, 69 N.Y.2d 593; People v. Hood, 180 A.D.2d 751).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

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


Summaries of

People v. Velez

Appellate Division of the Supreme Court of New York, Second Department
Aug 13, 2001
286 A.D.2d 406 (N.Y. App. Div. 2001)
Case details for

People v. Velez

Case Details

Full title:THE PEOPLE, ETC., respondent, v. GEORGE VELEZ, appellant

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

Date published: Aug 13, 2001

Citations

286 A.D.2d 406 (N.Y. App. Div. 2001)
728 N.Y.S.2d 720

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