Opinion

People v. Brown

  • 286 A.D.2d 687
  • 729 N.Y.S.2d 906
  • 2001 N.Y. App. Div. LEXIS 8411
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Sep 10, 2001
Status
Published
Cited by
0 cases
Authority
More cited than 3.0%

The opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.), rendered February 17, 2000, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that he was denied the effective assistance of counsel is without merit. The question is whether, viewed in the totality of the circumstances, the defense provided by counsel constituted meaningful representation (see, People v Benevento, 91 NY2d 708 ; People v Ellis, 81 NY2d 854 ). Ineffective assistance of counsel may not be premised upon unsuccessful trial strategy by defense counsel (see, People v Baldi, 54 NY2d 137 ). Under the circumstances of this case, we find that the defense counsel provided meaningful representation.

The defendant’s remaining contention is unpreserved for appellate review (see, CPL 470.05 [2]), and in any event, is without merit (see, People v Calix, 236 AD2d 550 ). Santucci, J. P., Krausman, McGinity and Feuerstein, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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