PEOPLE v. NIEVES (2005)

Defendant appeals from a judgment convicting him upon a jury verdict of manslaughter in the first degree (Penal Law § 125.20[1] ) and criminal possession of a weapon in the second degree (§ 265.03[2] ).   Contrary to the contention of defendant, the verdict is not against the weight of the evidence on the issue of his identity as the shooter (see People v. Robinson, 5 A.D.3d 1077, 1078, 773 N.Y.S.2d 662, lv. denied 2 N.Y.3d 805, 781 N.Y.S.2d 304, 814 N.E.2d 476;  People v. Owens, 275 A.D.2d 905, 906, 713 N.Y.S.2d 388, lv. denied 95 N.Y.2d 937, 721 N.Y.S.2d 613, 744 N.E.2d 149;  95 N.Y.2d 939, 721 N.Y.S.2d 616, 744 N.E.2d 152  see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   Also contrary to the contention of defendant, he received 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. Laraby, 4 A.D.3d 749, 750, 771 N.Y.S.2d 780, lv. denied 2 N.Y.3d 802, 781 N.Y.S.2d 301, 814 N.E.2d 473).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: