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People v. Pelaez

Appellate Division of the Supreme Court of New York, First Department
Oct 22, 1992
186 A.D.2d 465 (N.Y. App. Div. 1992)

Opinion

October 22, 1992

Appeal from the Supreme Court, Bronx County (Ira Globerman, J.).


Trial counsel's decision not to move for a severance was an effective trial strategy that resulted in the dismissal of three out of five counts, including an acquittal on the top count of criminal sale of a controlled substance in the first degree. There was no irreconcilable conflict between the defenses presented by the codefendants requiring severance under the rationale of People v Mahboubian ( 74 N.Y.2d 174), nor was defendant unduly prejudiced or his defense discernably compromised by the introduction of evidence relating solely to the codefendant (cf., People v Castro-Restrepo, 169 A.D.2d 454, lv denied 77 N.Y.2d 993).

It therefore cannot be said upon this record that defendant received "less than meaningful representation" (People v Rivera, 71 N.Y.2d 705, 708).

Concur — Carro, J.P., Milonas, Ellerin and Asch, JJ.


Summaries of

People v. Pelaez

Appellate Division of the Supreme Court of New York, First Department
Oct 22, 1992
186 A.D.2d 465 (N.Y. App. Div. 1992)
Case details for

People v. Pelaez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOUVER PELAEZ, Also…

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

Date published: Oct 22, 1992

Citations

186 A.D.2d 465 (N.Y. App. Div. 1992)