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People v. Lin

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 2003
1 A.D.3d 170 (N.Y. App. Div. 2003)

Opinion

2156, 2156A

November 13, 2003.

Judgment, Supreme Court, New York County (Michael Corriero, J.), rendered October 5, 2000, convicting defendant, after a jury trial, of three counts of kidnapping in the first degree, and sentencing him to concurrent terms of 25 years to life, and order, same court and Justice, entered on or about February 5, 2002, which denied defendant's motion to vacate the judgment pursuant to CPL 440.10, unanimously affirmed.

Frank Glaser, for respondent.

Robert A. Horne, for defendant-appellant.

Before: Tom, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ.


The verdict was supported by legally sufficient evidence.

After a thorough hearing, the court properly denied defendant's motion to vacate the judgment. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v. Prochilo, 41 N.Y.2d 759, 761). The record establishes that defendant received effective assistance of counsel (see People v. Benevento, 91 N.Y.2d 708, 713 — 714; see also Strickland v. Washington, 466 U.S. 668). Counsel properly prepared for trial, provided appropriate advice concerning plea negotiations, and pursued a reasonable trial strategy.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Lin

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 2003
1 A.D.3d 170 (N.Y. App. Div. 2003)
Case details for

People v. Lin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JIAN LIN, a/k/a REMUS…

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

Date published: Nov 13, 2003

Citations

1 A.D.3d 170 (N.Y. App. Div. 2003)
766 N.Y.S.2d 845