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People v. Billups

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 2007
41 A.D.3d 492 (N.Y. App. Div. 2007)

Opinion

No. 2004-10202.

June 5, 2007.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered November 4, 2004, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Winston McIntosh of counsel), for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel), for respondents.

Before: Miller, J.P., Mastro, Krausman and Carni, JJ.


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions raised in his supplemental pro se appellate brief, he was not denied the effective assistance of counsel by reason of the strategy and tactics employed by his trial attorney. Rather, review of the record as a whole demonstrates that he was afforded meaningful representation ( see People v Benevento, 91 NY2d 708; People v Baldi, 54 NY2d 137).

The defendant's remaining contentions are unpreserved for appellate review, since the defendant either failed to raise any objection, voiced a general objection without specifying the ground therefor, or failed to seek further relief when an objection was sustained or a curative instruction was provided by the court ( see CPL 470.05; People v Tevaha, 84 NY2d 879; People v Heide, 84 NY2d 943; People v Medina, 53 NY2d 951).


Summaries of

People v. Billups

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 2007
41 A.D.3d 492 (N.Y. App. Div. 2007)
Case details for

People v. Billups

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DUANE BILLUPS…

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

Date published: Jun 5, 2007

Citations

41 A.D.3d 492 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 4841
835 N.Y.S.2d 909

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