People v. Oliviera

3 Citing cases

  1. People v. Brun

    87 A.D.3d 548 (N.Y. App. Div. 2011)

    in the second degree under counts 7, 8, and 9, criminal use of a firearm in the first degree under count 10, and criminal facilitation in the fourth degree under count 12 for the reasons set forth in People v. Brun, 58 A.D.3d 862, 872 N.Y.S.2d 188. Likewise, for the reasons set forth in People v. Brun, 58 A.D.3d 862, 872 N.Y.S.2d 188, we find that the evidence was legally insufficient to establish the defendant's guilt as an accessory pursuant to count 11 of the indictment, which charged criminal use of a firearm in the first degree under Penal Law § 265.09(1)(a). The defendant's contention that he was denied his right to effective assistance of trial counsel is based upon matter dehors the record, and is not properly before this Court ( see People v. Brown, 45 N.Y.2d 852, 853–854, 410 N.Y.S.2d 287, 382 N.E.2d 1149; People v. Oliviera, 168 A.D.2d 691, 563 N.Y.S.2d 514). MASTRO, J.P., CHAMBERS, AUSTIN, and COHEN, JJ., concur.

  2. People v. Brun

    2007-05151 (N.Y. App. Div. Aug. 2, 2011)

    Likewise, for the reasons set forth in People v Brun (58 AD3d 862), we find that the evidence was legally insufficient to establish the defendant's guilt as an accessory pursuant to count 11 of the indictment, which charged criminal use of a firearm in the first degree under Penal Law § 265.09(1)(a). The defendant's contention that he was denied his right to effective assistance of trial counsel is based upon matter dehors the record, and is not properly before this Court (see People v Brown, 45 NY2d 852, 853-854; People v Oliviera, 168 AD2d 691). MASTRO, J.P., CHAMBERS, AUSTIN and COHEN, JJ., concur.

  3. PEOPLE v. BRUN

    87 A.D.3d 548 (N.Y. App. Div. 2011)

    09 (1) (a). The defendant's contention that he was denied his right to effective assistance of trial counsel is based upon matter dehors the record, and is not properly before this Court ( see People v Brown, 45 NY2d 852, 853-854; People v Oliviera, 168 AD2d 691).