From Casetext: Smarter Legal Research

People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1997
235 A.D.2d 268 (N.Y. App. Div. 1997)

Opinion

January 16, 1997.

Judgment, Supreme Court, Bronx County (Dominic Massaro, J., on motion; John Stackhouse, J., at plea and sentence), rendered November 3, 1994, convicting defendant of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3½ to 7 years, unanimously affirmed.

Before: Murphy, P. J., Sullivan, Rosenberger, Williams and Andrias, JJ.


The motion court properly denied defendant's statutory speedy trial motion without conducting a hearing, because the allegations in defendant's motion papers did not set forth a legal basis for the motion. We note that defendant's related claims involving alleged ineffective assistance of counsel were not explored in the context of a CPL 440.10 motion ( see, People v Love, 57 NY2d 998, 1000). In any event, the existing record does not indicate that an additional speedy trial motion, had it been filed, would have been successful, and since defendant's counsel obtained a favorable plea bargain in this case, it cannot be concluded that defendant was denied effective assistance of counsel ( People v Baldi, 54 NY2d 137).


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1997
235 A.D.2d 268 (N.Y. App. Div. 1997)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN GARCIA, Appellant

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

Date published: Jan 16, 1997

Citations

235 A.D.2d 268 (N.Y. App. Div. 1997)
652 N.Y.S.2d 520

Citing Cases

People v. Mercado

In the context of a guilty plea, a defendant receives meaningful representation when he obtains "an…

People v. Lewis

When examining a guilty plea, the “meaningful representation” standard is met when the defendant “receives an…