People v. Distaffen

Appellate Division of the Supreme Court of New York

People v. Distaffen

275 A.D.2d 948, 715 N.Y.S.2d 186, 2000 N.Y. App. Div. LEXIS 9712

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

DecidedSeptember 29, 2000

StatusPublished

Cited by1 cases

This text of 275 A.D.2d 948 (People v. Distaffen) 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. Distaffen, 275 A.D.2d 948, 715 N.Y.S.2d 186, 2000 N.Y. App. Div. LEXIS 9712 (N.Y. Ct. App. 2000).

Pincite

Opinion

—Judgment unanimously affirmed. Memorandum: There is no merit to the contention of defendant that County Court erred in failing to conduct an adequate inquiry with respect to the complaints of defendant at sentencing concerning his attorney’s allegedly inadequate representation. The record establishes that, during the plea colloquy, defendant expressly advised the court that he had sufficient time to discuss the matter with his attorney and was satisfied with his attorney’s advice and representation up to that time. The court was entitled to rely upon those representations and did not have an obligation at sentencing to make any further inquiry with respect to the complaints of defendant about his attorney (cf., People v Sides, 75 NY2d 822, 824-825). In addition, the failure of defendant’s attorney to make pretrial motions does not by itself establish ineffective assistance of counsel (see, People v Rivera, 71 NY2d 705, 709; People v Willis, 261 AD2d 946, lv denied 93 NY2d 1029). (Appeal from Judgment of Monroe County Court, Bristol, J. — Bail Jumping, 2nd Degree.) Present — Pigott, Jr., P. J., Pine, Wisner, Kehoe and Balio, JJ.

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

—Judgment unanimously affirmed. Memorandum: There is no merit to the contention of defendant that County Court erred in failing to conduct an adequate inquiry with respect to the complaints of defendant at sentencing concerning his attorney’s allegedly inadequate representation. The record establishes that, during the plea colloquy, defendant expressly advised the court that he had sufficient time to discuss the matter with his attorney and was satisfied with his attorney’s advice and representation up to that time. The court was entitled to rely upon those representations and did not have an obligation at sentencing to make any further inquiry with respect to the complaints of defendant about his attorney (cf., People v Sides, 75 NY2d 822, 824-825). In addition, the failure of defendant’s attorney to make pretrial motions does not by itself establish ineffective assistance of counsel (see, People v Rivera, 71 NY2d 705, 709; People v Willis, 261 AD2d 946, lv denied 93 NY2d 1029). (Appeal from Judgment of Monroe County Court, Bristol, J. — Bail Jumping, 2nd Degree.) Present — Pigott, Jr., P. J., Pine, Wisner, Kehoe and Balio, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

275 A.D.2d 948, 715 N.Y.S.2d 186, 2000 N.Y. App. Div. LEXIS 9712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-distaffen-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack