PEOPLE v. VASQUEZ

No. 24.

20 N.Y.3d 461 (2013)

985 N.E.2d 899

962 N.Y.S.2d 589

2013 NY Slip Op 1016

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL VASQUEZ, Appellant.

Court of Appeals of New York.

Decided February 19, 2013.


Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( Warren S. Landau of counsel), for appellant.

Daniel Vasquez, appellant pro se.

Richard A. Brown , District Attorney, Kew Gardens ( Donna Aldea and John M. Castellano of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ and PIGOTT concur; Judge RIVERA taking no part.


OPINION OF THE COURT

SMITH, J.

We hold that defendant's trial counsel was not ineffective for failing to object under CPL 710.30 to testimony about a victim's out-of-court identification.

I

A jury convicted defendant of attempted robbery, menacing and possession of a weapon, based on evidence that defendant approached a man in the street, asked for money, and pointed a knife at him. Evidence...

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