From Casetext: Smarter Legal Research

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Sep 10, 2001
286 A.D.2d 687 (N.Y. App. Div. 2001)

Opinion

(Ind. No. 896/99)

Submitted May 29, 2001.

September 10, 2001.

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.

Richard L. Herzfeld, New York, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, and Minerva John-Stull of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P. GABRIEL M. KRAUSMAN, LEO F. McGINITY and SANDRA J. FEUERSTEIN, JJ.


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 N.Y.2d 708; People v. Ellis, 81 N.Y.2d 854). Ineffective assistance of counsel may not be premised upon unsuccessful trial strategy by defense counsel (see, People v. Baldi, 54 N.Y.2d 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), and in any event, is without merit (see, People v. Calix, 236 A.D.2d 550).


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Sep 10, 2001
286 A.D.2d 687 (N.Y. App. Div. 2001)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. EDWARD BROWN, APPELLANT

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

Date published: Sep 10, 2001

Citations

286 A.D.2d 687 (N.Y. App. Div. 2001)
729 N.Y.S.2d 906

Citing Cases

People v. Worley

In this case, counsel's decision not to call the Worley sisters as witnesses was a strategic decision. See…

People v. McKay

Ineffective assistance of counsel may not be premised upon an unsuccessful trial strategy by defense counsel.…