People v. Dowdy

Appellate Division of the Supreme Court of New York

People v. Dowdy

196 A.D.2d 747, 602 N.Y.S.2d 536

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

DecidedSeptember 21, 1993

StatusPublished

Cited by2 cases

This text of 196 A.D.2d 747 (People v. Dowdy) 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. Dowdy, 196 A.D.2d 747, 602 N.Y.S.2d 536 (N.Y. Ct. App. 1993).

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Opinion

Judgment, Supreme Court, New York County (Richard Andrias, J.), rendered October 23, 1991, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a predicate felony offender, to a term of 3Vi to 7 years, unanimously affirmed.

Defendant’s present claims that he was mentally incompetent during post-verdict proceedings and that counsel was ineffective in failing to adequately press his incompetence are unsupported by a record permitting review (see, CPL 440.10). Consequently, such claims do no more than invite this Court to second-guess counsel’s tactics (see, People v Jones, 55 NY2d 771; People v Rivera, 71 NY2d 705) and, on the state of the present record, we cannot conclude that defendant was denied meaningful representation. Concur—Sullivan, J. P., Carro, Ellerin, Kassal and Nardelli, JJ.

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Judgment, Supreme Court, New York County (Richard Andrias, J.), rendered October 23, 1991, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a predicate felony offender, to a term of 3Vi to 7 years, unanimously affirmed.

Defendant’s present claims that he was mentally incompetent during post-verdict proceedings and that counsel was ineffective in failing to adequately press his incompetence are unsupported by a record permitting review (see, CPL 440.10). Consequently, such claims do no more than invite this Court to second-guess counsel’s tactics (see, People v Jones, 55 NY2d 771; People v Rivera, 71 NY2d 705) and, on the state of the present record, we cannot conclude that defendant was denied meaningful representation. Concur—Sullivan, J. P., Carro, Ellerin, Kassal and Nardelli, JJ.

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Bluebook (online)

196 A.D.2d 747, 602 N.Y.S.2d 536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dowdy-nyappdiv-1993.

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