Appellate Division of the Supreme Court of New York, 1999

People v. Hamilton

People v. Hamilton
Appellate Division of the Supreme Court of New York · Decided June 3, 1999
262 A.D.2d 34; 690 N.Y.S.2d 436; 1999 N.Y. App. Div. LEXIS 6171
People v. Hamilton

Opinion of the Court

—Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered April 3, 1996, convicting defendant, after a jury trial, of robbery in the first and third degrees, and sentencing him, as a persistent violent felony offender, to concurrent terms of 15 years to life and 2A!% to 7 years, respectively, unanimously affirmed.

*35On the existing record, we find that defendant received meaningful representation (see, People v Benevento, 91 NY2d 708). Defendant has not shown that he was prejudiced by his counsel’s untimely filing of motions for severance of the robbery counts and suppression of physical evidence, because the record suggests that neither motion would have been successful.

We perceive no abuse of sentencing discretion. Concur— Rosenberger, J. P., Mazzarelli, Rubin, Andrias and Buckley, JJ.

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