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People v. Williams

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1997
245 A.D.2d 400 (N.Y. App. Div. 1997)

Opinion

December 8, 1997

Appeal from the Supreme Court, Kings County (Juviler, J.).


Ordered that the judgment is affirmed.

We find no merit to the defendant's claim that he was deprived of the effective assistance of counsel. The record demonstrates that the defendant received meaningful representation from his trial counsel, who presented competent opening and closing statements, and vigorously pursued a mistaken-identification defense through extensive cross-examination of the People's witnesses which highlighted inconsistencies in their testimony. Thus, viewing the evidence, the law, and the circumstances of this case as of the time of the representation, we find that the defendant was afforded the effective assistance of counsel ( see, People v. Flores, 84 N.Y.2d 184; People v. Baldi, 54 N.Y.2d 137; see also, People v. Aguilar, 224 A.D.2d 704; People v. DeFina, 213 A.D.2d 665).

Furthermore, we reject the defendant's contention that the court erred in sentencing him to consecutive terms of imprisonment for the robbery of three victims and the intentional murder of a fourth victim. Although the defendant's convictions arose out of a single transaction, the robbery of each victim constituted a separate act, and those acts were separate and distinct from the intentional murder of the fourth victim ( see, People v. Turner, 212 A.D.2d 818; People v. Ruth, 194 A.D.2d 700; People v. McCloud, 182 A.D.2d 835, 838). Accordingly, consecutive sentences were permissible ( see, People v. Brown, 80 N.Y.2d 361, 364; People v. Braithwaite, 63 N.Y.2d 839).

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

Altman, J. P., Friedmann, Krausman and McGinity, JJ., concur.


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1997
245 A.D.2d 400 (N.Y. App. Div. 1997)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEOPOLD WILLIAMS…

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

Date published: Dec 8, 1997

Citations

245 A.D.2d 400 (N.Y. App. Div. 1997)
666 N.Y.S.2d 452

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