People v. Edouard, 99 A.D.3d 1018 (N.Y. App. Div. 2012). · Go Syfert
People v. Edouard, 99 A.D.3d 1018 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Wallace (nyappdiv, 2015-05-13)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Wallace
N.Y. App. Div. · 2015 · confidence medium
However, this contention is unpreserved for appellate review as to certain jurors challenged prior to the challenge to juror No. 18 in the second round, as defense counsel never requested explanations for the challenges exercised by the prosecutor regarding those jurors (see CPL 470.05 [2]; People v James, 99 NY2d 264, 271 [2002]; People v Garris, 99 AD3d 1018, 1020 [2012]; People v Lugo, 69 AD3d 654 [2010]).
discussed Cited as authority (rule) People v. Stanley
N.Y. App. Div. · 2015 · confidence medium
Consequently, the failure of trial counsel to raise that point cannot be deemed to constitute the ineffective assistance of counsel (see People v Robles, 116 AD3d 1071 [2014]; People v Garris, 99 AD3d 1018, 1019 [2012]; People v Cromwell, 99 AD3d 1017 [2012]).
discussed Cited "see" People v. Baez
N.Y. App. Div. · 2019 · signal: see · confidence high
"A defendant is not denied effective assistance of trial counsel merely because counsel does not make a motion or argument that has little or no chance of success" ( People v Stultz , 2 NY3d 277, 287 ; see People v Garris , 99 AD3d 1018, 1019 ; People v Plaza , 133 AD2d 857 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Ezette Edouard
Appellate Division of the Supreme Court of the State of New York.
Oct 24, 2012.
99 A.D.3d 1018
Published

The defendant’s contention that the evidence of identification was legally insufficient to support her conviction is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 492 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish beyond a reasonable doubt the defendant’s identity as the perpetrator of the crime of which she was convicted. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342, 348-349 [2007]), we nevertheless accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record, we are satisfied that the jury’s verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

The defendant’s contention that the trial court erred in issuing an acting-in-concert charge to the jury is unpreserved for appellate review (see CPL 470.05 [2]). In any event, although the charge was unwarranted (see People v Coldiron, 53 AD3d 1140, 1141 [2008]), the error was harmless, as there was overwhelming evidence of the defendant’s guilt and no significant probability that the error contributed to her conviction (see People v Crimmins, 36 NY2d 230, 241-242 [1975]). Rivera, J.P., Chambers, Hall and Roman, JJ., concur.