From Casetext: Smarter Legal Research

People v. Guzman

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 2004
8 A.D.3d 677 (N.Y. App. Div. 2004)

Summary

rejecting remaining claims, including all other ineffective-assistance claims

Summary of this case from Guzman v. Greene

Opinion

2000-10229.

Decided June 28, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered October 10, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, New York, N.Y. (Erica Horwitz of counsel), for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Camille O'Hara Gillespie, Thomas S. Burka, and Catherine C. Montjar of counsel), for respondent.

Before: SONDRA MILLER, J.P., ROBERT W. SCHMIDT, REINALDO E. RIVERA, ROBERT A. SPOLZINO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. 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).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are unpreserved for appellate review, without merit, or do not warrant reversal.

S. MILLER, J.P., SCHMIDT, RIVERA and SPOLZINO, JJ., concur.


Summaries of

People v. Guzman

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 2004
8 A.D.3d 677 (N.Y. App. Div. 2004)

rejecting remaining claims, including all other ineffective-assistance claims

Summary of this case from Guzman v. Greene
Case details for

People v. Guzman

Case Details

Full title:THE PEOPLE, ETC., respondent, v. RICARDO GUZMAN, appellant

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

Date published: Jun 28, 2004

Citations

8 A.D.3d 677 (N.Y. App. Div. 2004)
778 N.Y.S.2d 893

Citing Cases

People v. Guzman

Lynn W.L. Fahey, New York, N.Y. (Erica Horwitz of counsel), former appellate counsel.Application by the…

Guzman v. Greene

All claims were fully exhausted on direct appeal or in a proceeding under N.Y. Crim. Pro. Law § 440.10. See…