From Casetext: Smarter Legal Research

People v. Bell

Appellate Division of the Supreme Court of New York, First Department
Mar 25, 1999
259 A.D.2d 429 (N.Y. App. Div. 1999)

Opinion

March 25, 1999

Appeal from the Supreme Court, New York County (Bruce Allen, J.).


Defendant failed to preserve his appellate challenge to his second felony offender status (People v. Smith, 73 N.Y.2d 961), and we decline to review it in the interest of justice. Were we to review this claim, we would find that defendant was properly adjudicated a second felony offender based upon his New Jersey conviction (NJ Stat Annot § 2C:35-7). We find that resort to the New Jersey accusatory instrument is appropriate, and that such instrument establishes that the New Jersey crime involved possession of cocaine, not marihuana (see, People v. Searvance, 236 A.D.2d 306, lv denied 89 N.Y.2d 1041). Defendant was not deprived of effective assistance of counsel by his attorney's abandonment of this issue, since pursuit of this issue would have been futile (see, People v. Lane, 60 N.Y.2d 748, 750-751). We have considered and rejected defendant's additional claims.

Concur — Rosenberger, J. P., Tom, Wallach and Mazzarelli, JJ.


Summaries of

People v. Bell

Appellate Division of the Supreme Court of New York, First Department
Mar 25, 1999
259 A.D.2d 429 (N.Y. App. Div. 1999)
Case details for

People v. Bell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN BELL, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 25, 1999

Citations

259 A.D.2d 429 (N.Y. App. Div. 1999)
687 N.Y.S.2d 136

Citing Cases

People v. Williams

Were we to review these claims, we would find that the sentencing court substantially complied with the…

People v. West

Defendant was properly adjudicated a second felony offender based upon his New Jersey conviction (NJ Stat Ann…