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People v. Nieves

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 2005
15 A.D.3d 868 (N.Y. App. Div. 2005)

Opinion

KA 04-01567.

February 4, 2005.

Appeal from a judgment of the Niagara County Court (Amy J. Fricano, J.), rendered March 26, 1996. The judgment convicted defendant, upon a jury verdict, of manslaughter in the first degree and criminal possession of a weapon in the second degree.

Present: Hurlbutt, J.P., Kehoe, Gorski, Pine and Hayes, JJ.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of manslaughter in the first degree (Penal Law § 125.20) and criminal possession of a weapon in the second degree (§ 265.03 [2]). Contrary to the contention of defendant, the verdict is not against the weight of the evidence on the issue of his identity as the shooter ( see People v. Robinson, 5 AD3d 1077, 1078, lv denied 2 NY3d 805; People v. Owens, 275 AD2d 905, 906, lv denied 95 NY2d 937; see generally People v. Bleakley, 69 NY2d 490, 495). Also contrary to the contention of defendant, he received meaningful representation ( see People v. Baldi, 54 NY2d 137, 147; People v. Laraby, 4 AD3d 749, 750, lv denied 2 NY3d 802).


Summaries of

People v. Nieves

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 2005
15 A.D.3d 868 (N.Y. App. Div. 2005)
Case details for

People v. Nieves

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAIMUNDO NIEVES…

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

Date published: Feb 4, 2005

Citations

15 A.D.3d 868 (N.Y. App. Div. 2005)
789 N.Y.S.2d 590

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