People v. Brandon

Appellate Division of the Supreme Court of New York

People v. Brandon

237 A.D.2d 980, 656 N.Y.S.2d 1004, 1997 N.Y. App. Div. LEXIS 3619

Appellate Division of the Supreme Court of the State of New York·Decided March 14, 1997·Published·Cited by 3 cases

Opinion

Judgment unanimously affirmed. Memorandum: Defendant has not demonstrated that he was deprived of a fair trial by less than meaningful representation. "[A] simple disagreement with strategies, tactics or the scope of possible cross-examination, weighed long after the trial, does not suffice” to satisfy defendant’s burden of establishing ineffective assistance of counsel (People v Flores, 84 NY2d 184, 187; see, People v Benn, 68 NY2d 941, 942). (Appeal from Judgment of Jefferson County Court, Clary, J.—Rape, 1st Degree.) Present—Denman, P. J., Green, Balio, Boehm and Fallon, JJ.

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Judgment unanimously affirmed. Memorandum: Defendant has not demonstrated that he was deprived of a fair trial by less than meaningful representation. "[A] simple disagreement with strategies, tactics or the scope of possible cross-examination, weighed long after the trial, does not suffice” to satisfy defendant’s burden of establishing ineffective assistance of counsel (People v Flores, 84 NY2d 184, 187; see, People v Benn, 68 NY2d 941, 942). (Appeal from Judgment of Jefferson County Court, Clary, J.—Rape, 1st Degree.) Present—Denman, P. J., Green, Balio, Boehm and Fallon, JJ.

People v. Brandon, 237 A.D.2d 980, 656 N.Y.S.2d 1004, 1997 N.Y. App. Div. LEXIS 3619 (N.Y. Ct. App. 1997).

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Opinion

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