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People v. Melendez

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 2003
301 A.D.2d 388 (N.Y. App. Div. 2003)

Opinion

2757

January 9, 2003.

Judgment, Supreme Court, Bronx County (Alexander Hunter, J.), rendered October 14, 1997, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to 5 to 15 years, unanimously affirmed.

Melissa R. DiPalo, for Respondent.

Howard D. Simmons, for Defendant-Appellant.

Buckley, J.P., Ellerin, Lerner, Friedman, Marlow, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility (see People v. Gaimari, 176 N.Y. 84, 94). The consistent testimony of the People's main witnesses was corroborated by ballistics evidence.

The record establishes that defendant received meaningful assistance of counsel (see People v. Benevento, 91 N.Y.2d 708, 713-714). Defendant's ineffective assistance claim consists primarily of disparaging generalizations about counsel's performance that lack support in the record.

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


Summaries of

People v. Melendez

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 2003
301 A.D.2d 388 (N.Y. App. Div. 2003)
Case details for

People v. Melendez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CESAR MELENDEZ…

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

Date published: Jan 9, 2003

Citations

301 A.D.2d 388 (N.Y. App. Div. 2003)
752 N.Y.S.2d 859