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People v. Nesmith

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 10, 1989
148 A.D.2d 994 (N.Y. App. Div. 1989)

Opinion

March 10, 1989

Appeal from the Monroe County Court, Wisner, J.

Present — Dillon, P.J., Callahan, Doerr, Pine and Lawton, JJ.


Judgment unanimously affirmed. Memorandum: We find no merit to defendant's several claims on appeal. The indictment charging defendant with murder in the second degree is sufficient and clearly fulfills both statutory and constitutional requirements (see, People v. Spann, 56 N.Y.2d 469; People v. Cohen, 52 N.Y.2d 584). The evidence, the law, and the circumstances of the case, viewed in totality and at the time of counsel's representation of defendant, reveal that counsel provided meaningful representation (see, People v. Baldi, 54 N.Y.2d 137). Defendant's other claims of trial error are not preserved and we decline to reach them in the interest of justice. Finally, the sentence imposed was not unduly harsh or excessive.


Summaries of

People v. Nesmith

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 10, 1989
148 A.D.2d 994 (N.Y. App. Div. 1989)
Case details for

People v. Nesmith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT NESMITH…

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

Date published: Mar 10, 1989

Citations

148 A.D.2d 994 (N.Y. App. Div. 1989)