People v. Barber
Cases that cite this one
15 later published cases cite this decision.
- People v. Dray (Appellate Division of the Supreme Court of New York 2021)
- People v. Dray (Appellate Division of the Supreme Court of New York 2021)
- People v. Dray (Appellate Division of the Supreme Court of New York 2021)
- OCASIO, ORLANDO O., PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
- People v. Ocasio (Appellate Division of the Supreme Court of New York 2011)
- People v. Maxwell (Appellate Division of the Supreme Court of New York 1999)
- People v. Fancher (Appellate Division of the Supreme Court of New York 1999)
- People v. Williams (Appellate Division of the Supreme Court of New York 1999)
- People v. Hollins (Appellate Division of the Supreme Court of New York 1998)
- People v. McClain (Appellate Division of the Supreme Court of New York 1998)
- People v. Terwilliger (Appellate Division of the Supreme Court of New York 1998)
- People v. Andrews (Appellate Division of the Supreme Court of New York 1997)
- People v. Ryan (Appellate Division of the Supreme Court of New York 1997)
- People v. Kimborough (Appellate Division of the Supreme Court of New York 1997)
- People v. McLean (Appellate Division of the Supreme Court of New York 1997)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Peters, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered June 16, 1994, upon a verdict convicting defendant of the crimes of burglary in the first degree (two counts), assault in the second degree (two counts) and criminal possession of a weapon in the fourth degree.
Following a jury trial, defendant was convicted of two counts of burglary in the first degree, two counts of assault in the second degree and criminal possession of a weapon in the fourth degree. Sentenced as a second felony offender to concurrent prison terms of 121/2 to 25 years for each burglary conviction and 31/2 to 7 years for each remaining conviction, defendant now appeals. We affirm.
Defendant failed to preserve the argument that the prosecutor’s summation was improper (see, CPL 470.05 [2]). In any event, the prosecutor, in making the comment that certain evidence "indicate[s] that [defendant] is not telling you the truth”, was fairly responding to defense counsel’s summation and did not overstep the bounds of permissible comment such that defendant was denied a fair trial (cf, People v Tarantola, 178 AD2d 768, lv denied 79 NY2d 954).
Nor are we persuaded that defendant was denied the effective assistance of counsel. The focus in reviewing such claims is "whether the defendant received meaningful representation” (People v English, 215 AD2d 871, 873, lvs denied 86 NY2d 793, 87 NY2d 900). Notably, this Court will not second guess an attorney’s strategic and tactical decisions which in hindsight might have been unsuccessful, including those which entail the extent to which a witness will be cross-examined (see,
Cardona, P. J., Mercure, Crew III and White, JJ., concur. Ordered that the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.