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People v. Butler

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 10, 1989
148 A.D.2d 932 (N.Y. App. Div. 1989)

Opinion

March 10, 1989

Appeal from the Onondaga County Court, Burke, J.

Present — Callahan, J.P., Doerr, Denman, Balio and Lawton, JJ.


Judgment unanimously affirmed. Memorandum: Defendant contends that his conviction was against the weight of the evidence. He asserts that the jury erred in crediting the testimony of the People's two eyewitnesses. The issue of the witnesses' credibility was a matter for jury determination (see, People v Hill, 115 A.D.2d 239, lv denied 67 N.Y.2d 884). Great deference should be accorded this determination and we find no basis to conclude that the trier of fact failed to give the evidence the weight it should be accorded (see, People v. Bleakley, 69 N.Y.2d 490, 495).

Defendant further contends that he was denied effective assistance of counsel. In reviewing claims of ineffective counsel, we must consider defense counsel's conduct in its entirety and take care not to confuse true ineffectiveness with mere losing tactics (see, People v. Baldi, 54 N.Y.2d 137, 146-147). From our review of the evidence, the law, and circumstances of this case, we conclude that defendant received meaningful representation (People v. Baldi, supra).

We have reviewed the remaining contentions of appellate counsel and defendant pro se and find them to be without merit.


Summaries of

People v. Butler

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 10, 1989
148 A.D.2d 932 (N.Y. App. Div. 1989)
Case details for

People v. Butler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRYL BUTLER…

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

Date published: Mar 10, 1989

Citations

148 A.D.2d 932 (N.Y. App. Div. 1989)