People v. Taylor — 298 A.D.2d 112

Majority

p. 112

The People of the State of New York, Respondent, v Davon Taylor, Appellant.

[747 NYS2d 377]

Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered March 1, 2000, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including the weight to be given to the People’s principal witness’s delay in coming forward, were properly considered by the jury and there is no basis upon which to disturb its determinations.

The record establishes that defendant received meaningful representation (see People v Benevento, 91 NY2d 708 , 713-714;

p. 113

see also Strickland v Washington, 466 US 668 ). Contrary to defendant’s argument on appeal, trial counsel made objections where appropriate, and generally obtained suitable curative relief from the court. Defendant was not prejudiced by his attorney’s not objecting to testimony that was clearly admissible.

The Assistant District Attorney’s excesses in cross-examination of defendant’s witnesses do not rise to the level requiring reversal. Concur — Williams, P.J., Mazzarelli, Sullivan, Rosenberger and Gonzalez, JJ.

Cases cited

People v. Benevento 91 NY2d 708 N.Y. 1998-06-11 at 713-714 p. 112
Strickland v. Washington 466 US 668 SCOTUS 1984-05-14 p. 113