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People v. Bailey

Appellate Division of the Supreme Court of New York, Second Department
May 16, 2005
18 A.D.3d 666 (N.Y. App. Div. 2005)

Opinion

2003-04027.

May 16, 2005.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered April 28, 2003, convicting him of attempted assault in the second degree, criminal possession of a weapon in the fourth degree, criminal possession of stolen property in the fifth degree, and petit larceny, upon a jury verdict, and imposing sentence.

Before: H. Miller, J.P., Ritter, Goldstein and Crane, JJ., concur.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he was provided with "meaningful representation" by his trial attorney ( People v. Benevento, 91 NY2d 708, 712; see People v. Baldi, 54 NY2d 137; People v. Castano, 236 AD2d 215). The defendant's trial attorney pursued a sound strategy ( see People v. Castano, supra), securing a series of favorable rulings on the defendant's behalf, among them, the trial court's determination that there was insufficient evidence of physical injury to support the charge of assault in the second degree and the trial court's determination to submit the charge of petit larceny to the jury as a lesser-included offense of robbery in the first degree.


Summaries of

People v. Bailey

Appellate Division of the Supreme Court of New York, Second Department
May 16, 2005
18 A.D.3d 666 (N.Y. App. Div. 2005)
Case details for

People v. Bailey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK BAILEY, Appellant

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

Date published: May 16, 2005

Citations

18 A.D.3d 666 (N.Y. App. Div. 2005)
795 N.Y.S.2d 665

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