From Casetext: Smarter Legal Research

People v. Leiva

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 1998
246 A.D.2d 493 (N.Y. App. Div. 1998)

Opinion

January 29, 1998

Appeal from the Supreme Court, New York County (Leslie Crocker Snyder, J.).


We find defendant's representation by both pretrial counsel and subsequent trial counsel to have been meaningful ( People v. Baldi, 54 N.Y.2d 137). The motion court's summary disposition of factual issues pursuant to CPL 440.30 (4) (d) was proper. We reject defendant's claim that various aspects of pretrial counsel's personal life and professional standing created inherent potential conflicts of interest. In any event, even if any of these alleged potential conflicts existed, there is no showing that any of them affected pretrial counsel's conduct of the defense or affected that of trial counsel after the substitution was made ( see, People v. Ortiz, 76 N.Y.2d 652, 657). Defendant's remaining attacks on pretrial and trial counsel involve matters of strategy and do not establish ineffective assistance.

Defendant's challenges to the court's charge and the People's summation are unpreserved and without merit.

Concur — Ellerin, J.P., Nardelli, Wallach and Rubin, JJ.


Summaries of

People v. Leiva

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 1998
246 A.D.2d 493 (N.Y. App. Div. 1998)
Case details for

People v. Leiva

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HUGO LEIVA, Appellant

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

Date published: Jan 29, 1998

Citations

246 A.D.2d 493 (N.Y. App. Div. 1998)
667 N.Y.S.2d 252

Citing Cases

People v. Gonzalez

We note specifically that the challenged hypotheticals on constructive possession and accessorial liability…