PEOPLE v. DRAKE

Reset A A Font size: Print

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Wallace DRAKE, Defendant-Appellant.

Decided: April 29, 2005

PRESENT:  HURLBUTT, J.P., SCUDDER, GORSKI, PINE, AND LAWTON, JJ. Frank H. HiscockLegal Aid Society, Syracuse (Gerald T. Barth of Counsel), for Defendant-Appellant. Wallace Drake, Defendant-Appellant Pro Se. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for Plaintiff-Respondent.

Defendant appeals from a judgment convicting him, upon a jury verdict, of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1] ), assault in the first degree (§ 120.10[1] ) and criminal possession of a weapon in the second degree (§ 265.03[2] ).   We reject defendant's contention that the verdict is against the weight of the evidence.   There is no indication in the record before us that the jury failed to give the evidence the weight it should be accorded (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   We also reject the contention of defendant that he did not receive effective assistance of counsel (see generally People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400).

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

MEMORANDUM: