People v. Benevento

• Decision Date: 17 September 1998
• Citation: 677 N.Y.S.2d 552,253 A.D.2d 642
• Parties: , 1998 N.Y. Slip Op. 7899 The PEOPLE of the State of New York, Appellant, v. Nicholas BENEVENTO, Defendant-Respondent.
• Court: New York Supreme Court — Appellate Division

Page 552

677 N.Y.S.2d 552

253 A.D.2d 642, 1998 N.Y. Slip Op. 7899

The PEOPLE of the State of New York, Appellant, v. Nicholas BENEVENTO, Defendant-Respondent.

Supreme Court, Appellate Division, First Department.

Sept. 17, 1998.

Michael S. Morgan, for Appellant.

Kimberlianne Podlas, for Defendant-Respondent.

Before ROSENBERGER, J.P., NARDELLI, RUBIN and MAZZARELLI, JJ.

MEMORANDUM DECISION.

Upon remittitur from the Court of Appeals and upon consideration of the facts of record (CPL 470.25[2][d] ), judgment, Supreme Court, New York County (Jay Gold, J.), rendered May 12, 1994, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 1 1/2 to 4 1/2 years' imprisonment, unanimously affirmed.

Defendant appealed on a single issue of law, arguing that he was deprived of the effective assistance of counsel. This Court reviewed the facts, finding that "the record * * * contains overwhelming evidence of defendant's guilt", but concluded that reversal of the judgment of conviction was nevertheless compelled under the authority of People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400, (239 A.D.2d 132, 657 N.Y.S.2d 606). The Court of Appeals having reversed and found that defendant was provided with meaningful representation under the circumstances (91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584), there are no remaining issues for this Court's consideration.