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People v. Morris

Appellate Division of the Supreme Court of New York, Second Department
Apr 21, 2003
304 A.D.2d 775 (N.Y. App. Div. 2003)

Opinion

2000-01656

Submitted March 25, 2003.

April 21, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered February 2, 2000, convicting him of murder in the second degree and attempted murder in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (V. Marika Meis of counsel), for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Noreen Healey of counsel), for respondent.

Before: SANDRA J. FEUERSTEIN, J.P., NANCY E. SMITH, HOWARD MILLER, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt of murder in the second degree is unpreserved for appellate review (see CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245). In any event, 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.

The defendant's contention that he was denied the effective assistance of counsel is without merit (see People v. Benevento, 91 N.Y.2d 708; People v. Satterfield, 66 N.Y.2d 796; People v. Baldi, 54 N.Y.2d 137; People v. Wicker, 229 A.D.2d 602).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

FEUERSTEIN, J.P., SMITH, H. MILLER and TOWNES, JJ., concur.


Summaries of

People v. Morris

Appellate Division of the Supreme Court of New York, Second Department
Apr 21, 2003
304 A.D.2d 775 (N.Y. App. Div. 2003)
Case details for

People v. Morris

Case Details

Full title:THE PEOPLE, ETC., respondent, v. FITZROY MORRIS, appellant

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

Date published: Apr 21, 2003

Citations

304 A.D.2d 775 (N.Y. App. Div. 2003)
757 N.Y.S.2d 780

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