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People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Apr 27, 2004
6 A.D.3d 338 (N.Y. App. Div. 2004)

Opinion

3488, 3488A.

Decided April 27, 2004.

Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered June 24, 1999, convicting defendant, after a jury trial, of murder in the first degree and robbery in the first and second degrees, and sentencing her to an aggregate term of life without parole, and order, same court and Justice, entered on or about May 30, 2003, which denied defendant's motion pursuant to CPL 440.20 to set aside the sentence, unanimously affirmed.

Richard M. Greenberg, Office of the Appellate Defender, New York (Joseph M. Nursey of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Gina Mignola of counsel), for respondent.

Before: Nardelli, J.P., Saxe, Sullivan, Gonzalez, JJ.


The verdict was not against the weight of the evidence. Issues of credibility, including the weight to be given to the backgrounds of the People's witnesses and the benefits they received in return for their testimony, were properly considered by the jury and there is no basis for disturbing its determinations.

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). While defendant challenges her trial attorney's failure to make various objections, we conclude that the absence of these objections did not deprive defendant of a fair trial or affect the result ( see People v. Hobot, 84 N.Y.2d 1021, 1024).

People v. Hansen ( 99 N.Y.2d 339) is dispositive of defendant's challenge to the constitutionality of the sentencing scheme for first-degree murder. We perceive no basis for reducing the sentence.

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find no basis for reversal.

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


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Apr 27, 2004
6 A.D.3d 338 (N.Y. App. Div. 2004)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEBRA SMITH…

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

Date published: Apr 27, 2004

Citations

6 A.D.3d 338 (N.Y. App. Div. 2004)
775 N.Y.S.2d 148