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People v. Nuness

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 16, 1990
159 A.D.2d 970 (N.Y. App. Div. 1990)

Opinion

March 16, 1990

Appeal from the Supreme Court, Erie County, Marshall, J.

Present — Denman, J.P., Pine, Lawton, Davis and Lowery, JJ.


Judgment unanimously affirmed. Memorandum: Upon our review of the record we conclude that the identification evidence presented was legally sufficient and was supported by the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). Additionally, we find that defendant was provided meaningful representation (see, People v Baldi, 54 N.Y.2d 137, 147). Trial counsel's failure to preserve a Rosario issue (see, People v Rosario, 9 N.Y.2d 286, rearg denied 9 N.Y.2d 908, cert denied 368 U.S. 866) did not, standing alone, render counsel's assistance ineffective (see, People v Montana, 71 N.Y.2d 705, 709).


Summaries of

People v. Nuness

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 16, 1990
159 A.D.2d 970 (N.Y. App. Div. 1990)
Case details for

People v. Nuness

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE NUNESS, Appellant

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

Date published: Mar 16, 1990

Citations

159 A.D.2d 970 (N.Y. App. Div. 1990)

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