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People v. Napolitano

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1991
173 A.D.2d 648 (N.Y. App. Div. 1991)

Opinion

May 20, 1991

Appeal from the Supreme Court, Kings County (Moskowitz, J.).


Ordered that the judgment is affirmed.

We find that the defendant was not deprived of effective assistance of counsel. A review of the totality of the evidence, the law, and the circumstances of this case as of the time of the representation, reveals that the defendant was provided meaningful representation (see, People v Baldi, 54 N.Y.2d 137). The defense counsel presented an effective case which included the defense of intoxication. He vigorously cross-examined the prosecution witnesses, raised numerous objections, and delivered a summation consistent with the defense's theory.

We also reject the defendant's argument that the trial court erred in limiting the defense counsel's cross-examination of a prosecution witness on the question of whether he knew if the deceased had a reputation for carrying a gun. Since the defendant did not raise the issue of justification, the trial court's ruling was correct (see, People v Jones, 140 A.D.2d 627; cf., People v Miller, 39 N.Y.2d 543).

We have reviewed the defendant's remaining contention and find it to be without merit. Kooper, J.P., Sullivan, Harwood and Rosenblatt, JJ., concur.


Summaries of

People v. Napolitano

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1991
173 A.D.2d 648 (N.Y. App. Div. 1991)
Case details for

People v. Napolitano

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMMY NAPOLITANO…

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

Date published: May 20, 1991

Citations

173 A.D.2d 648 (N.Y. App. Div. 1991)

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