People v. Boychet

Appellate Division of the Supreme Court of New York

People v. Boychet

255 A.D.2d 193, 679 N.Y.S.2d 812, 1998 N.Y. App. Div. LEXIS 12451

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

DecidedNovember 17, 1998

StatusPublished

Cited by1 cases

This text of 255 A.D.2d 193 (People v. Boychet) 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. Boychet, 255 A.D.2d 193, 679 N.Y.S.2d 812, 1998 N.Y. App. Div. LEXIS 12451 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, Bronx County (Irene Duffy, J., at plea; Robert Hayes, J., at sentence), rendered August 11, 1995, convicting defendant of burglary in the third degree and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant was properly adjudicated a second felony offender. Defendant was not entitled to a hearing on the constitutionality of the 1977 conviction that formed the basis of the instant adjudication. Despite ample opportunity to do so, defendant did not sufficiently allege or substantiate his claims of ineffective assistance of counsel (People v Harris, 61 NY2d 9, 15) and the sentencing court, after review of the minutes, properly determined that defendant received meaningful representation at his 1977 plea and sentence (see, People v Ford, 86 NY2d 397, 404). Concur — Ellerin, J. P., Williams, Mazzarelli and Saxe, JJ.

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—Judgment, Supreme Court, Bronx County (Irene Duffy, J., at plea; Robert Hayes, J., at sentence), rendered August 11, 1995, convicting defendant of burglary in the third degree and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant was properly adjudicated a second felony offender. Defendant was not entitled to a hearing on the constitutionality of the 1977 conviction that formed the basis of the instant adjudication. Despite ample opportunity to do so, defendant did not sufficiently allege or substantiate his claims of ineffective assistance of counsel (People v Harris, 61 NY2d 9, 15) and the sentencing court, after review of the minutes, properly determined that defendant received meaningful representation at his 1977 plea and sentence (see, People v Ford, 86 NY2d 397, 404). Concur — Ellerin, J. P., Williams, Mazzarelli and Saxe, JJ.

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Bluebook (online)

255 A.D.2d 193, 679 N.Y.S.2d 812, 1998 N.Y. App. Div. LEXIS 12451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boychet-nyappdiv-1998.

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