Legal Opinion

People v. Marshall

Appellate Division of the Supreme Court of the State of New York

Decided January 6, 2004Published

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered August 30/2001, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of five years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). Issues of identification and credibility, including the weight to be given to inconsistencies in testimony, were properly considered by the jury and there is no basis to disturb its determinations.

The record establishes that defendant received effective assistance…

2Cases cited4 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. BleakleyNew York Court of Appeals · 1987
  3. People v. BeneventoNew York Court of Appeals · 1998
  4. People v. ValienteAppellate Division of the Supreme Court of the State of New York · 2003

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