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People v. Kirkman

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 808 (N.Y. App. Div. 2000)

Opinion

February 16, 2000

Appeal from Judgment of Onondaga County Court, Mulroy, J. — Burglary, 1st Degree.

PRESENT: PINE, J. P., WISNER, HURLBUTT, BALIO AND LAWTON, JJ.


Judgment unanimously affirmed.

Memorandum:

We reject the contention of defendant that he was denied effective assistance of counsel. Counsel afforded meaningful representation by negotiating a favorable plea and sentence agreement ( see, People v. Baldi, 54 N.Y.2d 137, 147; People v. Polanco [appeal No. 1], 216 A.D.2d 957, lv denied 86 N.Y.2d 800; People v. Saggese, 135 A.D.2d 669, 670). Further, in response to defendant's request for a new attorney, County Court made an inquiry sufficient to establish that there was no "good cause for substitution" of counsel ( People v. Sides, 75 N.Y.2d 822, 824; see, People v. Medina, 44 N.Y.2d 199, 207-208; People v. Smith, 242 A.D.2d 908, lv denied 91 N.Y.2d 897). Finally, the sentence is neither unduly harsh nor severe ( see, People v. Perkins, 130 A.D.2d 521, lv denied 70 N.Y.2d 716).


Summaries of

People v. Kirkman

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 808 (N.Y. App. Div. 2000)
Case details for

People v. Kirkman

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, Plaintiff-Respondent, v. ANTHONY KIRKMAN…

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

Date published: Feb 16, 2000

Citations

269 A.D.2d 808 (N.Y. App. Div. 2000)
703 N.Y.S.2d 421

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