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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAIMUNDO NIEVES, Appellant.

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

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of manslaughter in the first degree (Penal Law § 125.20) 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 AD3d 1077, 1078, lv denied 2 NY3d 805; People v. Owens, 275 AD2d 905, 906, lv denied 95 NY2d 937; see generally People v. Bleakley, 69 NY2d 490, 495). Also contrary to the contention of defendant, he received meaningful representation ( see People v. Baldi, 54 NY2d 137, 147; People v. Laraby, 4 AD3d 749, 750, lv denied 2 NY3d 802).

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PEOPLE v. NIEVES
(Feb 4, 2005)