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People v. Thomas

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 15, 1994
206 A.D.2d 927 (N.Y. App. Div. 1994)

Opinion

July 15, 1994

Appeal from the Erie County Court, Drury, J.

Present — Pine, J.P., Balio, Fallon, Wesley and Davis, JJ.


Judgment unanimously affirmed. Memorandum: We reject the contention that defendant's absence during a Sandoval conference warrants reversal. Subsequent proceedings held on the record in defendant's presence constituted a de novo Sandoval hearing (see, People v. Russell, 191 A.D.2d 1001, lv denied 81 N.Y.2d 1019; People v. Berger, 188 A.D.2d 1073, 1074, lv denied 81 N.Y.2d 881).

The contention that defendant was denied effective assistance of counsel is without merit. The constitutional standard for meaningful representation was satisfied (see, People v. Baldi, 54 N.Y.2d 137, 147). Upon our review of the record, we conclude that the verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). Defendant's sentence is neither harsh nor excessive.

We have reviewed the contentions contained in defendant's pro se supplemental brief and find them to be without merit.


Summaries of

People v. Thomas

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 15, 1994
206 A.D.2d 927 (N.Y. App. Div. 1994)
Case details for

People v. Thomas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR KEVIN THOMAS…

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

Date published: Jul 15, 1994

Citations

206 A.D.2d 927 (N.Y. App. Div. 1994)
616 N.Y.S.2d 295

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