Appellate Division of the Supreme Court of New York, 2000

People v. Robinson

People v. Robinson
Appellate Division of the Supreme Court of New York · Decided May 10, 2000
272 A.D.2d 943; 708 N.Y.S.2d 682; 2000 N.Y. App. Div. LEXIS 8728
People v. Robinson

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a bench trial of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) and criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). We reject the contention of defendant that he was denied effective assistance of counsel and conclude that “the evidence, the law, and the circumstances of [this] case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation” (People v Baldi, 54 NY2d 137, 147).

The verdict is not against the weight of the evidence. In a bench trial, as in a jury trial, the credibility determinations made by the trier of fact are entitled to great deference (see, People v Van Akin, 197 AD2d 845). We cannot say, upon our review of the record, that County Court failed to give the evidence the weight it should be accorded (see, People v Bleakley, 69 NY2d 490, 495). The sentence is neither unduly harsh nor severe. We have examined defendant’s remaining contention and conclude that it is without merit. (Appeal from Judgment *944of Monroe County Court, Egan, J. — Criminal Sale Controlled Substance, 3rd Degree.) Present — Pigott, Jr., P. J., Pine, Hayes, Balio and Lawton, JJ.

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