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People v. Bundy

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 1992
186 A.D.2d 357 (N.Y. App. Div. 1992)

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. Lopez

Opinion

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.


Summaries of

People v. Bundy

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 1992
186 A.D.2d 357 (N.Y. App. Div. 1992)

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. Lopez

In People v. Bundy, 186 A.D.2d 357, 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. Lopez
Case details for

People v. Bundy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TONI BUNDY, Appellant

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

Date published: Oct 1, 1992

Citations

186 A.D.2d 357 (N.Y. App. Div. 1992)
588 N.Y.S.2d 167

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