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People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1999
258 A.D.2d 535 (N.Y. App. Div. 1999)

Opinion

February 8, 1999

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


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15 Crim. Proc. [5]).

Contrary to the defendant's contention, "the evidence, the law, and the circumstances of [the] case, viewed in totality and as of the time of the representation, reveal that" the defendant was provided with meaningful representation ( People v. Baldi, 54 N.Y.2d 137, 147).

The sentence imposed was neither harsh nor excessive ( see, People v. Suitte, 90 A.D.2d 80).

Bracken, J. P., O'Brien, Thompson and Friedmann, JJ., concur.


Summaries of

People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1999
258 A.D.2d 535 (N.Y. App. Div. 1999)
Case details for

People v. Miller

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID R. MILLER…

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

Date published: Feb 8, 1999

Citations

258 A.D.2d 535 (N.Y. App. Div. 1999)
684 N.Y.S.2d 793