People v. Armstead

Appellate Division of the Supreme Court of New York

People v. Armstead

186 A.D.2d 440, 589 N.Y.S.2d 22, 1992 N.Y. App. Div. LEXIS 12041

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 20, 1992

StatusPublished

Cited by2 cases

This text of 186 A.D.2d 440 (People v. Armstead) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Armstead, 186 A.D.2d 440, 589 N.Y.S.2d 22, 1992 N.Y. App. Div. LEXIS 12041 (N.Y. Ct. App. 1992).

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Opinion

— Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered January 4, 1991, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 Vi to 11 years, unanimously affirmed.

Defendant’s claim that he was denied effective assistance of counsel is without merit, it clearly having been counsel’s strategy to bring out certain damaging information on the direct examination of defendant’s witness in order to minimize the potential impact of cross-examination. Such unsuccessful trial tactics do not automatically indicate ineffectiveness (see, People v Baldi, 54 NY2d 137, 146). The prosecutor’s unobjected to comments on summation were within the broad bounds of rhetorical comment permissible in closing argument (see, People v Bobbett, 170 AD2d 237, lv denied 77 NY2d 903), and, in context, were a fair response to defendant’s summation attacking the credibility of the People’s witness (see, People v Marks, 6 NY2d 67, cert denied 362 US 912). Concur— Sullivan, J. P., Wallach, Kupferman and Ross, JJ.

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— Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered January 4, 1991, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 Vi to 11 years, unanimously affirmed.

Defendant’s claim that he was denied effective assistance of counsel is without merit, it clearly having been counsel’s strategy to bring out certain damaging information on the direct examination of defendant’s witness in order to minimize the potential impact of cross-examination. Such unsuccessful trial tactics do not automatically indicate ineffectiveness (see, People v Baldi, 54 NY2d 137, 146). The prosecutor’s unobjected to comments on summation were within the broad bounds of rhetorical comment permissible in closing argument (see, People v Bobbett, 170 AD2d 237, lv denied 77 NY2d 903), and, in context, were a fair response to defendant’s summation attacking the credibility of the People’s witness (see, People v Marks, 6 NY2d 67, cert denied 362 US 912). Concur— Sullivan, J. P., Wallach, Kupferman and Ross, JJ.

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Bluebook (online)

186 A.D.2d 440, 589 N.Y.S.2d 22, 1992 N.Y. App. Div. LEXIS 12041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-armstead-nyappdiv-1992.

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