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People v. Garner

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 14, 2002
295 A.D.2d 999 (N.Y. App. Div. 2002)

Opinion

KA 99-1494

June 14, 2002.

Appeal from a judgment of Supreme Court, Erie County (Forma, J.), entered November 10, 1999, convicting defendant after a jury trial of, inter alia, murder in the second degree.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (KRISTIN M. PREVE OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (JOSEPH KILBRIDGE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: HAYES, J.P., WISNER, KEHOE, GORSKI, AND LAWTON, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

We conclude that defendant's conviction of murder in the second degree (Penal Law § 125.25) is supported by legally sufficient evidence ( see People v. Jernatowski, 238 N.Y. 188; see also People v. Roe, 74 N.Y.2d 20, 25) and that the verdict is not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490, 495). We further conclude that defendant received meaningful representation ( see People v. Baldi, 54 N.Y.2d 137, 147) and that the sentence is neither unduly harsh nor severe.


Summaries of

People v. Garner

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 14, 2002
295 A.D.2d 999 (N.Y. App. Div. 2002)
Case details for

People v. Garner

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. CHARLES E…

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

Date published: Jun 14, 2002

Citations

295 A.D.2d 999 (N.Y. App. Div. 2002)
743 N.Y.S.2d 921