People v. Dicks

Appellate Division of the Supreme Court of New York

People v. Dicks

266 A.D.2d 106, 698 N.Y.S.2d 477, 1999 N.Y. App. Div. LEXIS 11658

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

DecidedNovember 18, 1999

StatusPublished

This text of 266 A.D.2d 106 (People v. Dicks) 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. Dicks, 266 A.D.2d 106, 698 N.Y.S.2d 477, 1999 N.Y. App. Div. LEXIS 11658 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered October 17, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years, unanimously affirmed.

The record establishes that defendant received effective assistance of counsel. None of the alleged errors by counsel could have deprived defendant of a fair trial (see, People v Benevento, 91 NY2d 708, 713-714). We note that counsel’s failure to advise defendant of the impending expiration of a plea offer that was previously rejected by defendant did,not constitute ineffective assistance of counsel since the court was under no obligation to hold open a rejected plea offer (see, People v Johnson, 181 AD2d 832, lv denied 80 NY2d 833). Concur — Sullivan, J. P., Nardelli, Mazzarelli, Lerner and Buckley, JJ.

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

—Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered October 17, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years, unanimously affirmed.

The record establishes that defendant received effective assistance of counsel. None of the alleged errors by counsel could have deprived defendant of a fair trial (see, People v Benevento, 91 NY2d 708, 713-714). We note that counsel’s failure to advise defendant of the impending expiration of a plea offer that was previously rejected by defendant did,not constitute ineffective assistance of counsel since the court was under no obligation to hold open a rejected plea offer (see, People v Johnson, 181 AD2d 832, lv denied 80 NY2d 833). Concur — Sullivan, J. P., Nardelli, Mazzarelli, Lerner and Buckley, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

266 A.D.2d 106, 698 N.Y.S.2d 477, 1999 N.Y. App. Div. LEXIS 11658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dicks-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack