Summary
In People v Bundy (186 AD2d 357 [1992], supra), defense counsel's alleged failure to secure defendant's right to testify before the grand jury by failing to prepare the necessary paperwork or appear with defendant was held not alone sufficient to demonstrate ineffective assistance of counsel.
Summary of this case from People v. LopezOpinion
October 1, 1992
Appeal from the Supreme Court, New York County (William J. Davis, J.).
There is no merit to defendant's claim that her attorney was ineffective because he failed to secure her right to testify before the Grand Jury. Counsel's failure to submit a written request pursuant to CPL 190.50 (5), without more, does not demonstrate ineffective assistance of counsel (People v Hunter, 169 A.D.2d 538, lv denied 77 N.Y.2d 907; see also, People v Hamlin, 153 A.D.2d 644, 646; People v Taylor, 165 A.D.2d 800). Indeed, the failure to submit such a request may have been deliberate (People v Hunter, supra). The Assistant District Attorney attempted to accommodate defendant by providing her an opportunity to testify before the Grand Jury, notwithstanding that a written demand had never been submitted; however, defendant's attorney did not prepare the necessary paperwork or appear with defendant before the Grand Jury when given the opportunity to do so.
We have considered defendant's remaining contentions and find them to be without merit.
Concur — Sullivan, J.P., Milonas, Ellerin and Kassal, JJ.