People v. Christian

• Decision Date: 12 July 1996
• Citation: People v. Christian, 645 N.Y.S.2d 206, 229 A.D.2d 991 (N.Y. App. Div. 1996)
• Parties: PEOPLE of the State of New York, Respondent, v. Harry CHRISTIAN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 206

645 N.Y.S.2d 206

229 A.D.2d 991

PEOPLE of the State of New York, Respondent, v.Harry CHRISTIAN, Appellant.

Supreme Court, Appellate Division, Fourth Department.

July 12, 1996.

Linda S. Reynolds by Vincent Gogino, Buffalo, for appellant.

Kevin M. Dillon by Donna Millings, Buffalo, for respondent.

Before GREEN, J.P., and LAWTON, WESLEY, CALLAHAN and BOEHM, JJ.

MEMORANDUM:

The evidence, the law and the circumstances of this case, viewed in totality and at the time of the representation, reveal that defense counsel provided meaningful representation (see, People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400;People v. Perkov, 227 A.D.2d 960, 643 N.Y.S.2d 856).Defendant's challenges to the sufficiency of the evidence are not preserved for our review (see, CPL 470.05[2];People v. Gray, 86 N.Y.2d 10, 629 N.Y.S.2d 173, 652 N.E.2d 919), and we decline to exercise our power to review those challenges as a matter of discretion in the interest of justice (see, CPL 470.15[6][a] ).The verdict is not contrary to the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).County Court properly denied the motion to dismiss the indictments pursuant to CPL 30.30(1)(a).The court properly sentenced defendant as a second felony offender without conducting a hearing.Defendant was adjudicated a second felony offender following a previous conviction and that determination is binding on defendant for purposes of his sentencing upon the instant conviction (see, CPL 400.21[8];People v. Showler, 209 A.D.2d 1054, 619 N.Y.S.2d 1011, lv. denied86 N.Y.2d 802, 632 N.Y.S.2d 515, 656 N.E.2d 614).Finally, the sentence imposed is not unduly harsh or severe.

Judgment unanimously affirmed.