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People v. Levy

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 1986
118 A.D.2d 804 (N.Y. App. Div. 1986)

Opinion

March 24, 1986

Appeal from the County Court, Suffolk County (Vaughn, J.).


Judgment affirmed.

The imposed concurrent sentences of 8 1/3 to 25 years' imprisonment for conspiracy and attempted murder did not constitute an abuse of discretion, and the facts of this case do not warrant substituting our discretion for that of the sentencing Judge (see, People v. Suitte, 90 A.D.2d 80). In addition, the defendant's claim that he was denied effective assistance of counsel is without merit since the record reflects that defense counsel was competent and provided meaningful representation to the defendant (see, People v. Baldi, 54 N.Y.2d 137, 146-147; People v. Satterfield, 66 N.Y.2d 796; People v. Morris, 100 A.D.2d 630, affd 64 N.Y.2d 803; People v. Rodriguez, 116 A.D.2d 675).

Finally, the defendant's challenge to the trial court's charge concerning the burden of proof on the issue of entrapment has not been preserved for appellate review since no objection was registered to that portion of the charge. In any event, the trial court's instructions on this point, taken as a whole, adequately conveyed the proper law to the jury. Mollen, P.J., Lazer, Kunzeman and Kooper, JJ., concur.


Summaries of

People v. Levy

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 1986
118 A.D.2d 804 (N.Y. App. Div. 1986)
Case details for

People v. Levy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD S. LEVY…

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

Date published: Mar 24, 1986

Citations

118 A.D.2d 804 (N.Y. App. Div. 1986)

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