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.