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People v. Arunachalem

140 A.D.2d 614, 528 N.Y.S.2d 1001, 1988 N.Y. App. Div. LEXIS 5686
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 23, 1988
StatusPublished

This text of 140 A.D.2d 614 (People v. Arunachalem) 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. Arunachalem, 140 A.D.2d 614, 528 N.Y.S.2d 1001, 1988 N.Y. App. Div. LEXIS 5686 (N.Y. Ct. App. 1988).

Opinion

Viewed in totality as of the time of representation, we find that the defendant received meaningful representation and the issues raised by the appellant reflect mere disagreement with defense strategies and tactics that failed (see, People v Benn, 68 NY2d 941, 942; People v Satterfield, 66 NY2d 796, 799-800; People v Baldi, 54 NY2d 137, 146-147, on remand 87 AD2d 843, appeal after remand 96 AD2d 212). The evidence of guilt was overwhelming and counsel’s performance reveals adequate preparation and knowledge of the law throughout the trial (see, People v Benn, supra, at 942; People v Aiken, 45 NY2d 394, 399-400; People v Droz, 39 NY2d 457, 462). Counsel did not ignore any exculpatory theory or defense or fail to introduce exculpatory evidence or testimony (see, People v Benn, supra; People v Jenkins, 68 NY2d 896, 898).

[615]*615The trial court did not improvidently exercise its discretion in refusing counsel’s request for a second adjournment (see, People v Aphaylath, 68 NY2d 945, 947, rearg dismissed 69 NY2d 724; People v Spears, 64. NY2d 698, 699-700). Since counsel failed to object to the voir dire of the unsworn witness before the jury, this issue is unpreserved for appellate review (cf., People v Danza, 127 AD2d 781, lv denied 69 NY2d 879; CPL 470.05 [2]).

We decline to reduce the sentence in the interest of justice (People v Suitte, 90 AD2d 80). We have reviewed the appellant’s other contentions and find them to be without merit. Mangano, J. P., Thompson, Sullivan and Harwood, JJ., concur.

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Related

People v. Jenkins
501 N.E.2d 586 (New York Court of Appeals, 1986)
People v. Droz
348 N.E.2d 880 (New York Court of Appeals, 1976)
People v. Aiken
380 N.E.2d 272 (New York Court of Appeals, 1978)
People v. Baldi
429 N.E.2d 400 (New York Court of Appeals, 1981)
People v. Satterfield
488 N.E.2d 834 (New York Court of Appeals, 1985)
People v. Benn
502 N.E.2d 996 (New York Court of Appeals, 1986)
People v. Aphaylath
502 N.E.2d 998 (New York Court of Appeals, 1986)
People v. Baldi
87 A.D.2d 843 (Appellate Division of the Supreme Court of New York, 1982)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Baldi
96 A.D.2d 212 (Appellate Division of the Supreme Court of New York, 1983)
People v. Danza
127 A.D.2d 781 (Appellate Division of the Supreme Court of New York, 1987)

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Bluebook (online)
140 A.D.2d 614, 528 N.Y.S.2d 1001, 1988 N.Y. App. Div. LEXIS 5686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-arunachalem-nyappdiv-1988.