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People v. Keels

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1998
254 A.D.2d 372 (N.Y. App. Div. 1998)

Opinion

October 13, 1998

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


Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to support his conviction is unpreserved for appellate review ( see, CPL 470.05). In any event, viewing the evidence in the light most favorable to the prosecution ( 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. Moreover, 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).

Contrary to the defendant's contention, he received meaningful representation, "viewing the defense counsel's performance `in its entirety, in conjunction with the evidence, the law, and the circumstances of the case'" ( People v. Ortiz, 250 A.D.2d 626, 627, quoting People v. Vanterpool, 143 A.D.2d 282; see, People v. Baldi, 54 N.Y.2d 137).

The sentence imposed is not harsh or excessive ( see, People v. Suite, 90 A.D.2d 80).

Sullivan, J. P., Altman, Friedmann and McGinity, JJ., concur.


Summaries of

People v. Keels

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1998
254 A.D.2d 372 (N.Y. App. Div. 1998)
Case details for

People v. Keels

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC W. KEELS…

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

Date published: Oct 13, 1998

Citations

254 A.D.2d 372 (N.Y. App. Div. 1998)
678 N.Y.S.2d 531

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