People v. Stokes

2022 NY Slip Op 03629

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DEVON L. STOKES, DEFENDANT-APPELLANT.

No. 393 KA 14-01898

Supreme Court of New York, Fourth Department

June 3, 2022

THE SAGE LAW FIRM GROUP PLLC, BUFFALO (KATHRYN FRIEDMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL) FOR RESPONDENT.

PRESENT: SMITH, J.P., CENTRA, LINDLEY, AND CURRAN, JJ.

Appeal from a judgment of the Supreme Court, Monroe County (Daniel J. Doyle, J.), rendered June 10, 2014. The judgment convicted defendant upon a jury verdict of attempted murder in the second degree, criminal use of a firearm in the first degree criminal possession of a weapon in the second degree (two counts) and reckless endangerment in the first degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]). Viewing the evidence in the light most favorable to the People (see People v Contes, 60 N.Y.2d 620, 621 [1983]), we conclude that the evidence is legally sufficient to establish defendant's identity as the perpetrator (see People v Spencer, 191 A.D.3d 1331, 1332 [4th Dept 2021], lv denied 37 N.Y.3d 960 [2021]). Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 N.Y.3d 342, 349 [2007]) we reject defendant's further contention that the verdict is against the weight of the evidence as to identity (see generally People v Bleakley, 69 N.Y.2d 490, 495 [1987]). Defendant's contention that he was denied effective assistance of counsel involves matters outside the record and therefore must be raised in a proceeding pursuant to CPL article 440 (see People v Jenkins, 197 A.D.3d 927 927-928 [4th Dept 2021], lv denied 37 N.Y.3d 1097 [...