People v. Coombs

Appellate Division of the Supreme Court of New York

People v. Coombs

265 A.D.2d 249, 696 N.Y.S.2d 817, 1999 N.Y. App. Div. LEXIS 10848

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

DecidedOctober 26, 1999

StatusPublished

This text of 265 A.D.2d 249 (People v. Coombs) 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. Coombs, 265 A.D.2d 249, 696 N.Y.S.2d 817, 1999 N.Y. App. Div. LEXIS 10848 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Judgment, Supreme Court, Bronx County (Steven Barrett, J.), rendered January 10, 1997, convicting defendant, after a nonjury trial, of murder in the second degree, burglary in the second degree and criminal possession of stolen property in the fifth degree, and sentencing him to concurrent terms of 25 years to life, 5 to 15 years and 1 year, respectively, unanimously affirmed.

Defendant’s claim of ineffective assistance of counsel would require a CPL 440.10 motion in order to expand the record (People v Love, 57 NY2d 998). On the existing record, we conclude that defendant received meaningful representation (see, People v Benevento, 91 NY2d 708, 713-714). The existing record fails to establish defendant’s claim that his trial attorney misunderstood or mishandled the extreme emotional disturbance defense. Furthermore, defendant has not shown how any other strategy would have had a greater likelihood of success. Concur — Sullivan, J. P., Tom, Rubin, Saxe and Buckley, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, Bronx County (Steven Barrett, J.), rendered January 10, 1997, convicting defendant, after a nonjury trial, of murder in the second degree, burglary in the second degree and criminal possession of stolen property in the fifth degree, and sentencing him to concurrent terms of 25 years to life, 5 to 15 years and 1 year, respectively, unanimously affirmed.

Defendant’s claim of ineffective assistance of counsel would require a CPL 440.10 motion in order to expand the record (People v Love, 57 NY2d 998). On the existing record, we conclude that defendant received meaningful representation (see, People v Benevento, 91 NY2d 708, 713-714). The existing record fails to establish defendant’s claim that his trial attorney misunderstood or mishandled the extreme emotional disturbance defense. Furthermore, defendant has not shown how any other strategy would have had a greater likelihood of success. Concur — Sullivan, J. P., Tom, Rubin, Saxe and Buckley, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

265 A.D.2d 249, 696 N.Y.S.2d 817, 1999 N.Y. App. Div. LEXIS 10848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-coombs-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack