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People v. DeLeon

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 2000
278 A.D.2d 425 (N.Y. App. Div. 2000)

Opinion

Submitted November 28, 2000.

December 19, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel J.), rendered October 9, 1998, convicting him of criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.

Perfecto DeLeon, Attica, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Amy Appelbaum, and Gwen M. Schoenfeld of counsel), for respondent.

Before: DAVID S. RITTER, J.P., HOWARD MILLER, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant contends that he was denied the effective assistance of counsel. However, certain of his claims are based on matters dehors the record and thus are not reviewable on direct appeal (see, People v. Grove, 272 A.D.2d 480). As to the remaining contentions, the record demonstrates that the defendant was afforded meaningful representation (see, People v. Benevento, 91 N.Y.2d 706; People v. Rivera, 71 N.Y.2d 705; People v. Baldi, 54 N.Y.2d 137).

There is also no merit to the defendant's claim that the court's failure to grant a continuance to locate and find witnesses who might be pertinent to his defense deprived him of a fair trial (see, People v. Drummond, 233 A.D.2d 339).

The defendant's remaining contentions are without merit.


Summaries of

People v. DeLeon

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 2000
278 A.D.2d 425 (N.Y. App. Div. 2000)
Case details for

People v. DeLeon

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. PERFECTO DELEON, APPELLANT. (IND. NO…

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

Date published: Dec 19, 2000

Citations

278 A.D.2d 425 (N.Y. App. Div. 2000)
718 N.Y.S.2d 636

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