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People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 2005
22 A.D.3d 692 (N.Y. App. Div. 2005)

Opinion

2004-02526.

October 17, 2005.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Farneti, J.), rendered March 10, 2004, convicting him of grand larceny in the second degree and criminal possession of a forged instrument in the second degree, upon a jury verdict, and imposing sentence.

Joseph R. Maddalone, Jr., Melville, N.Y. (Gary Schoer of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Guy Arcidiacono of counsel), for respondent.

Before: Florio, J.P., Crane, Fisher and Dillon, JJ., concur.


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt the defendant's guilt of the crimes of grand larceny in the second degree and criminal possession of a forged instrument in the second degree ( see People v. Johnson, 65 NY2d 556; People v. Price, 16 AD3d 323, lv denied 5 NY3d 767; People v. Bull, 152 AD2d 998; People v. Di Mauro, 113 AD2d 840). 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; People v. Silvestro, 284 AD2d 418).

Contrary to the defendant's contention, he was afforded meaningful representation at trial and therefore was not deprived of the effective assistance of counsel ( see People v. Caban, 5 NY3d 143; People v. Benevento, 91 NY2d 708; People v. Baldi, 54 NY2d 137).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.


Summaries of

People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 2005
22 A.D.3d 692 (N.Y. App. Div. 2005)
Case details for

People v. Thomas

Case Details

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

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

Date published: Oct 17, 2005

Citations

22 A.D.3d 692 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 7723
801 N.Y.S.2d 904