AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL P. FOLEY, Appellant.

Judgment unanimously affirmed. Memorandum: County Court did not err in admitting in evidence the electrical cord, the nylon stocking and the pillow (see, People v Julian, 41 N.Y.2d 340, 342; People v Connelly, 35 N.Y.2d 171, 174). In any event, in light of the overwhelming proof of defendant's guilt, the admission of that evidence is harmless (see, People v Crimmins, 36 N.Y.2d 230, 242). Defendant was not denied due process of law by the delay in the assignment of appellate counsel to prosecute the appeal because he failed to demonstrate prejudice as a result of that delay (see, People v Cousart, 58 N.Y.2d 62; People v Barber, 154 A.D.2d 882, lv denied 75 N.Y.2d 810, 917; People v Pratt, 149 A.D.2d 956). Lastly, we are satisfied that the sentencing court considered all appropriate factors in imposing sentence and we find no basis on the record to substitute our discretion for that of the sentencing court (see, People v Farrar, 52 N.Y.2d 302).

Use AI to get other relevant cases.

Comments

PEOPLE v. FOLEY
(Apr 15, 1994)