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People v. Nuness
159 A.D.2d 970
N.Y. App. Div.
1990
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Judgment unanimously affirmed. Memorandum: Upon our review of the record we conclude that the identification evidence presented was legally sufficient and was supported by the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Additionally, we find that defendant was provided meaningful representation (see, People v Baldi, 54 NY2d 137, 147). Trial counsel’s failure to preserve a Rosario issue (see, People v Rosario, 9 NY2d 286, rearg denied 9 NY2d 908, cert denied 368 US 866) did not, standing alone, render counsel’s assistance ineffective (see, People v Montana, 71 NY2d 705, 709). (Appeal from judgment of Supreme Court, Erie County, Marshall, J. — robbery, second degree.) Present — Denman, J. P., Pine, Lawton, Davis and Lowery, JJ.

Case Details

Case Name: People v. Nuness
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 16, 1990
Citation: 159 A.D.2d 970
Court Abbreviation: N.Y. App. Div.
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