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People v. Martin

226 A.D.2d 555 Court N.Y. App. Div. Decision date 1996-04-15 English

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p. 555
The People of the State of New York, Respondent, v Lawrence Spencer Martin, Appellant.
[640 NYS2d 814]

Appeal by the defendant from a judgment of the County Court, Nassau County (Santagata, J.), rendered September 9, 1994, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Furthermore, upon the exercise of our factual review power, we are satisfied that the verdict of guilt

p. 556
was not against the weight of the evidence (see, CPL 470.15 [5]).

The trial counsel proceeded in as effective a manner as possible in view of the overwhelming evidence of the defendant’s guilt, and provided the defendant with meaningful representation (see, People v Satterfield, 66 NY2d 796 , 798-799; People v Baldi, 54 NY2d 137 , 146-147).

The defendant’s contention that the sentencing court failed to comply with the procedural mandates of CPL 400.20 is unpreserved for appellate review (see, People v Proctor, 79 NY2d 992 ). Mangano, P. J., Balletta, Copertino and Hart, JJ., concur.

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