People v. Atkins

Appellate Division of the Supreme Court of New York

People v. Atkins

Appellate Division of the Supreme Court of the State of New York·Decided July 24, 2026·No. 562 KA 24-00309·Published

Opinion

People v Atkins - 2026 NY Slip Op 04719

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Law Reporting
Bureau Thomas J.K. Smith, State Reporter

People v Atkins

2026 NY Slip Op 04719

July 24, 2026

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

QUINCY D. ATKINS, DEFENDANT-APPELLANT.

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on July 24, 2026

562 KA 24-00309

Present: Lindley, J.P., Bannister, Ogden, Delconte, And Hannah, JJ.

DAVID P. ELKOVITCH, AUBURN, FOR DEFENDANT-APPELLANT.

BRITTANY GROME ANTONACCI, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Cayuga County Court (Jon E. Budelmann, A.J.), rendered January 16, 2024. The judgment convicted defendant upon his plea of guilty of criminal contempt in the first degree, aggravated family offense and criminal contempt in the second degree.

[*1]

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal contempt in the first degree (Penal Law § 215.51 [c]), aggravated family offense (§ 240.75), and criminal contempt in the second degree (§ 215.50 [3]). We affirm.

Defendant's sole contention on appeal, that he was denied effective assistance of counsel based on defense counsel's failure to provide additional legal argument in support of his omnibus motion, does not survive his guilty plea because he "failed to demonstrate that the plea bargaining process was infected by the allegedly ineffective assistance or that [he] entered the plea because of defense counsel's allegedly poor performance" (People v Freeman, 244 AD3d 1722, 1725 [4th Dept 2025] [internal quotation marks omitted]; see People v Blount, 239 AD3d 1426, 1427 [4th Dept 2025], lv denied 44 NY3d 981 [2025]; cf. People v Bloodworth, 173 AD3d 1838, 1838 [4th Dept 2019]).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court

Links to or from other sites do not signify endorsement or relationship with them.

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People v Atkins - 2026 NY Slip Op 04719

skip to main content

It appears you are using Adblock. Please disable Adblock to best experience our website.

Law Reporting
Bureau Thomas J.K. Smith, State Reporter

People v Atkins

2026 NY Slip Op 04719

July 24, 2026

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

QUINCY D. ATKINS, DEFENDANT-APPELLANT.

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on July 24, 2026

562 KA 24-00309

Present: Lindley, J.P., Bannister, Ogden, Delconte, And Hannah, JJ.

DAVID P. ELKOVITCH, AUBURN, FOR DEFENDANT-APPELLANT.

BRITTANY GROME ANTONACCI, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Cayuga County Court (Jon E. Budelmann, A.J.), rendered January 16, 2024. The judgment convicted defendant upon his plea of guilty of criminal contempt in the first degree, aggravated family offense and criminal contempt in the second degree.

[*1]

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal contempt in the first degree (Penal Law § 215.51 [c]), aggravated family offense (§ 240.75), and criminal contempt in the second degree (§ 215.50 [3]). We affirm.

Defendant's sole contention on appeal, that he was denied effective assistance of counsel based on defense counsel's failure to provide additional legal argument in support of his omnibus motion, does not survive his guilty plea because he "failed to demonstrate that the plea bargaining process was infected by the allegedly ineffective assistance or that [he] entered the plea because of defense counsel's allegedly poor performance" (People v Freeman, 244 AD3d 1722, 1725 [4th Dept 2025] [internal quotation marks omitted]; see People v Blount, 239 AD3d 1426, 1427 [4th Dept 2025], lv denied 44 NY3d 981 [2025]; cf. People v Bloodworth, 173 AD3d 1838, 1838 [4th Dept 2019]).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court

Links to or from other sites do not signify endorsement or relationship with them.

People v. Atkins, (N.Y. Ct. App. 2026).

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