People v. Black

Decision Date03 December 2009
Citation922 N.E.2d 908,13 N.Y.3d 905
PartiesPEOPLE v. BLACK.
CourtNew York Court of Appeals Court of Appeals

Appeal from 3d Dept.: 65 A.D.3d 811, 884 N.Y.S.2d 292 (Sullivan).

Application for Leave to Criminal Appeal Denied. (Jones, J.).

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13 cases
  • People v. Rosa
    • United States
    • New York Supreme Court — Appellate Division
    • June 16, 2022
    ... ... "Where a crime is completed by a discrete act, and where a count in the indictment is based on the repeated occurrence of that act over a course of time, the count includes more than a single offense and is duplicitous" ( People v. Black, 65 A.D.3d 811, 813, 884 N.Y.S.2d 292 [2009] [citation omitted], lv. denied 13 N.Y.3d 905, 895 N.Y.S.2d 319, 922 N.E.2d 908 [2009] ; see People v. Keindl, 68 N.Y.2d 410, 417418, 509 N.Y.S.2d 790, 502 N.E.2d 577 [1986] ; People v. Holtslander, 189 A.D.3d 1701, 1702, 135 N.Y.S.3d 681 [2020] ). " Even ... ...
  • People v. Malcolm
    • United States
    • New York Supreme Court — Appellate Division
    • June 10, 2010
    ... ... Lewis, 46 A.D.3d at 947, 846 N.Y.S.2d 766). Taken as a whole, the record reveals that defendant was afforded meaningful representation ( see People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400 [1981]; People v. Black, 65 A.D.3d 811, 815, 884 N.Y.S.2d 292 [2009], lv. denied 13 N.Y.3d 905, 895 N.Y.S.2d 319, 922 N.E.2d 908 [2009] ).Defendant's remaining contentions raised in his pro se supplemental brief have been reviewed and found to be lacking in merit.ORDERED that the judgment is affirmed.CARDONA, P.J., ... ...
  • People v. Vargas
    • United States
    • New York Supreme Court — Appellate Division
    • April 1, 2010
    ... ... Viewed in its entirety, the record reveals that defendant was provided with meaningful representation by trial counsel ( see People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584 [1998]; People v. Black, 65 A.D.3d 811, 815, 884 N.Y.S.2d 292 [2009], lv. denied 13 N.Y.3d 905, 895 N.Y.S.2d 319, 922 N.E.2d 908 [2009] ). Further, "[b]ecause our state standard ... offers greater protection than the federal test" and the state standard was satisfied, defendant's claim of ineffectiveness under the U.S ... ...
  • People v. Gannon
    • United States
    • New York Supreme Court — Appellate Division
    • July 11, 2019
    ... ... Dalton, 27 A.D.3d 779, 781, 811 N.Y.S.2d 153 [2006] [citations omitted], lvs denied 7 N.Y.3d 754, 819 N.Y.S.2d 880, 853 N.E.2d 251 [2006], 7 N.Y.3d 811, 822 N.Y.S.2d 486, 855 N.E.2d 802 [2006] ; see People v. Black, 65 A.D.3d 811, 813, 884 N.Y.S.2d 292 [2009], lv denied 13 N.Y.3d 905, 895 N.Y.S.2d 319, 922 N.E.2d 908 [2009] ). Count 6 alleged that, "on or about September 2009, knowing the character and content thereof [defendant] employed, authorized or induced a child less than [17] years of age to engage in ... ...
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