Appellate Division of the Supreme Court of New York, 1988

People v. Harris

People v. Harris
Appellate Division of the Supreme Court of New York · Decided November 21, 1988
144 A.D.2d 583; 535 N.Y.S.2d 971; 1988 N.Y. App. Div. LEXIS 11970
People v. Harris

Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Aiello, J.), rendered March 7, 1985, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15 [5]).

We reject the defendant’s contention that he was denied the effective assistance of trial counsel (see, People v Baldi, 54 NY2d 137).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80). Mollen, P. J., Mangano, Brown and Eiber, JJ., concur.

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