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. DWIGHT LUCK, Appellant.

Contrary to defendant's contention, the evidence produced at trial was sufficient to establish beyond a reasonable doubt every element of the crime charged (see, People v Bracey, 41 N.Y.2d 296; People v Craft, 101 A.D.2d 984). Correction Officer Michael Hollenbeck testified that he saw defendant drop a metal weapon or "shank" on the floor after defendant looked in the direction where other correction officers were frisking inmates. Hollenbeck also testified that he never lost sight of the weapon from the time he observed defendant drop it until he himself picked it up. To the extent that there were competing inferences to be drawn, they were for the fact-finder to resolve (see, People v Barnes, 50 N.Y.2d 375, 381). We also reject as lacking in merit defendant's claim of ineffective assistance of counsel (see, People v Baldi, 54 N.Y.2d 137).

Judgment affirmed. Casey, J.P., Mikoll, Yesawich, Jr., Mercure and Crew III, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. LUCK
(May 9, 1991)