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People v. Bowers

267 A.D.2d 1052 Court N.Y. App. Div. Decision date 1999-12-30 English

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p. 1052
The People of the State of New York, Respondent, v Keith Bowers, Appellant.
[700 NYS2d 785]

—Judgment unanimously affirmed. Memorandum: The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620 , 621), is legally sufficient to support defendant’s conviction of assault in the second degree (Penal Law § 120.05 [3]; see, People v Townsend, 248 AD2d 811 , 812, lv denied 92 NY2d 862 ; People v Roberts, 91 AD2d 1099 , 1100). County Court properly denied defendant’s motion pursuant to CPL 330.30 to set aside the verdict based upon the jury’s exposure to newspaper reports that correction officers were injured during a disturbance at Attica Correctional Facility. Although defendant was an inmate at that facility and was charged with assaulting a correction officer, the reports are unrelated to the instant oifense and make no reference to defendant. “[T]he potential for prejudice from media publicity is most tenuous when it involves reports of similar crimes committed by other individuals, even members of a group associated with defendant” (People v Horney, 112 AD2d 841 , 844, lv denied 66 NY2d 615 , citing People v Moore, 42 NY2d 421 , cert denied 434 US 987 ).

We reject the contentions in defendant’s pro se supplemental brief that the verdict is contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495) and that trial counsel failed to provide meaningful representation (see, People v Baldi, 54 NY2d 137 , 147). We have examined the remaining contentions in the pro se supplemental brief and conclude that none requires reversal. (Appeal from Judgment of Wyoming County Court, Dadd, J. — Assault, 2nd Degree.) Present — Green, J. P., Pine, Pigott, Jr., Scudder and Callahan, JJ.

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