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People v. Konsistorum

Appellate Division of the Supreme Court of New York, First Department
Jan 15, 2004
3 A.D.3d 394 (N.Y. App. Div. 2004)

Opinion

2696.

Decided January 15, 2004.

Judgment, Supreme Court, New York County (John Bradley, J.), rendered April 8, 2002, convicting defendant, after a jury trial, of burglary in the third degree, grand larceny in the fourth degree and criminal impersonation in the first degree, and sentencing him to an aggregate term of 2 to 6 years, unanimously affirmed.

Walter J. Storey, for Respondent.

Philip R. Edelbaum, for Defendant-Appellant.

Before: Tom, J.P., Williams, Marlow, Gonzalez, JJ.


To the extent that the present record permits review, it establishes that defendant received effective assistance of counsel ( see People v. Benevento, 91 N.Y.2d 708, 713-714; see also Strickland v. Washington, 466 U.S. 668). Counsel presented a vigorous and coherent defense, and his alleged errors and omissions did not deprive defendant of a fair trial.

Were we to find any error in the extent to which the court permitted the prosecutor to ask leading questions on direct examination, we would find it harmless in light of the overwhelming evidence of defendant's guilt ( see People v. Crimmins, 36 N.Y.2d 230). The single, isolated restriction that the court placed on defendant's cross-examination had no adverse impact on his defense ( see Delaware v. Van Arsdall, 475 U.S. 673, 678-679).

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Konsistorum

Appellate Division of the Supreme Court of New York, First Department
Jan 15, 2004
3 A.D.3d 394 (N.Y. App. Div. 2004)
Case details for

People v. Konsistorum

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK KONSISTORUM…

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

Date published: Jan 15, 2004

Citations

3 A.D.3d 394 (N.Y. App. Div. 2004)
769 N.Y.S.2d 901

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