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People v. Hutzenlaub

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1999
265 A.D.2d 574 (N.Y. App. Div. 1999)

Opinion

Submitted September 14, 1999

October 28, 1999

Appeal by the defendant from two judgments of the County Court, Suffolk County (Cacciabaudo, J.).


ORDERED that the judgments are affirmed.

The defendant's contention that the trial court improperly joined the two indictments for trial is without merit. The indictments were predicated on the same or similar statutory provisions (see, CPL 200.20[2]; People v. Gardner, 186 A.D.2d 818 ;People v. Edwards, 160 A.D.2d 720 ), and the robberies were of such a nature that proof of one was admissible as evidence-in-chief upon a trial of the others (see, CPL 200.20[2] [b]; People v. Allweiss, 48 N.Y.2d 40 ; People v. Herrin, 187 A.D.2d 670 ).

Moreover, we find no merit to the defendant's claim that he was deprived of the effective assistance of counsel. The defendant received meaningful representation from his trial counsel, who presented competent opening and closing statements, vigorously cross-examined the People's witnesses, and made appropriate objections. Thus, viewing the evidence, the law, and the circumstances of the case together as of the time of representation, we find that the defendant was not deprived of the effective assistance of counsel (see, People v. Flores, 84 N.Y.2d 184 ; People v. Baldi, 54 N.Y.2d 137 ; People v. Cabo, 228 A.D.2d 689 ;People v. Aguilar, 224 A.D.2d 704 ).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

MANGANO, P.J., O'BRIEN, RITTER, and SCHMIDT, JJ., concur.


Summaries of

People v. Hutzenlaub

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1999
265 A.D.2d 574 (N.Y. App. Div. 1999)
Case details for

People v. Hutzenlaub

Case Details

Full title:THE PEOPLE, etc., respondent, v. FRED HUTZENLAUB, appellant. (Ind. Nos…

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

Date published: Oct 28, 1999

Citations

265 A.D.2d 574 (N.Y. App. Div. 1999)
697 N.Y.S.2d 640

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