PEOPLE v. LUCK


173 A.D.2d 981 (1991)

The People of the State of New York, Respondent, v. Dwight Luck, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 9, 1991


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.


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