PEOPLE v. ALICEA


229 A.D.2d 80 (1997)

656 N.Y.S.2d 2

The People of the State of New York, Appellant, v. Angel Alicea, Respondent

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

March 27, 1997


Attorney(s) appearing for the Case

Patrick J. Hynes of counsel (Mark Dwyer on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for appellant.

Kenneth Walsh for respondent.

ROSENBERGER, NARDELLI, RUBIN and WILLIAMS, JJ., concur.


SULLIVAN, J. P.

Since, as the hearing testimony shows, defendant's trial counsel provided him with effective assistance, we reverse the order vacating the judgment of conviction based on a contrary determination by the trial court and reinstate the same.

After a jury trial, defendant was convicted of murder in the second degree and criminal possession of a weapon in the fourth degree and sentenced to...

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