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People v. Herrington

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 1993
194 A.D.2d 379 (N.Y. App. Div. 1993)

Opinion

June 8, 1993

Appeal from the Supreme Court, New York County (Franklin Weissberg, J.).


We find no error in the court's Sandoval procedure, presuming as we do that the court, sitting in its dual capacity as factfinder, exercised objectivity in its consideration of defendant's criminal record (People v. Watson, 162 A.D.2d 360). Since several of the claims advanced in defendant's motion to set aside the verdict pursuant to CPL 330.30 (1) raised matters not appearing on the face of the record, summary denial of the motion was proper (CPL 330.40 [e] [i]), defendant's remedy being a motion to vacate the judgment pursuant to CPL 440.10 (1) (h). On this record, there is no basis to find that defendant was denied meaningful representation.

We have examined defendant's remaining claims and find them to be meritless.

Concur — Milonas, J.P., Ellerin, Ross, Asch and Kassal, JJ.


Summaries of

People v. Herrington

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 1993
194 A.D.2d 379 (N.Y. App. Div. 1993)
Case details for

People v. Herrington

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD HERRINGTON…

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

Date published: Jun 8, 1993

Citations

194 A.D.2d 379 (N.Y. App. Div. 1993)
598 N.Y.S.2d 501

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