People v. Bowie

Appellate Division of the Supreme Court of New York

People v. Bowie

193 A.D.2d 973, 598 N.Y.S.2d 1009, 1993 N.Y. App. Div. LEXIS 5074

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

DecidedMay 20, 1993

StatusPublished

This text of 193 A.D.2d 973 (People v. Bowie) 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. Bowie, 193 A.D.2d 973, 598 N.Y.S.2d 1009, 1993 N.Y. App. Div. LEXIS 5074 (N.Y. Ct. App. 1993).

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Opinion

Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered October 15, 1991, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.

Defendant contends on this appeal that procedural errors require resentencing. We find, contrary to defendant’s argument, that County Court complied with the requirements of CPL 390.50 (2) in making defendant’s presentence report available to defense counsel. We also find no ineffectiveness of counsel in defense counsel’s failure to give the report to defendant. Defense counsel obtained an advantageous plea bargain in which defendant pleaded guilty to one count of driving while intoxicated as a felony in satisfaction of a two-count indictment that included a more serious crime as well as other pending charges in Albany County. As a part of the plea bargain, defendant agreed to the sentence imposed by County Court. Defendant’s review of the report therefore would have had no effect upon the sentence imposed. Given these circumstances, we find that defendant was provided meaningful representation (see, People v Baldi, 54 NY2d 137). We have considered defendant’s pro se arguments and find them to be without merit.

Weiss, P. J., Mikoll, Yesawich Jr., Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered October 15, 1991, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.

Defendant contends on this appeal that procedural errors require resentencing. We find, contrary to defendant’s argument, that County Court complied with the requirements of CPL 390.50 (2) in making defendant’s presentence report available to defense counsel. We also find no ineffectiveness of counsel in defense counsel’s failure to give the report to defendant. Defense counsel obtained an advantageous plea bargain in which defendant pleaded guilty to one count of driving while intoxicated as a felony in satisfaction of a two-count indictment that included a more serious crime as well as other pending charges in Albany County. As a part of the plea bargain, defendant agreed to the sentence imposed by County Court. Defendant’s review of the report therefore would have had no effect upon the sentence imposed. Given these circumstances, we find that defendant was provided meaningful representation (see, People v Baldi, 54 NY2d 137). We have considered defendant’s pro se arguments and find them to be without merit.

Weiss, P. J., Mikoll, Yesawich Jr., Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

193 A.D.2d 973, 598 N.Y.S.2d 1009, 1993 N.Y. App. Div. LEXIS 5074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bowie-nyappdiv-1993.

Opinion

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