People v. Fournier

Appellate Division of the Supreme Court of New York

People v. Fournier

254 A.D.2d 117, 678 N.Y.S.2d 264, 1998 N.Y. App. Div. LEXIS 10834

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

DecidedOctober 15, 1998

StatusPublished

This text of 254 A.D.2d 117 (People v. Fournier) 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. Fournier, 254 A.D.2d 117, 678 N.Y.S.2d 264, 1998 N.Y. App. Div. LEXIS 10834 (N.Y. Ct. App. 1998).

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Opinion

Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered October 1, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant’s claims of ineffective assistance of counsel would require a CPL 440.10 motion in order to further develop the record (see, People v Love, 57 NY2d 998). We find that the existing record fails to support defendant’s claim that his trial counsel proceeded under a misconception of the elements of the agency defense, and that such record, viewed as a whole, establishes that defendant received meaningful representation (see, People v Benevento, 91 NY2d 708). Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

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Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered October 1, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant’s claims of ineffective assistance of counsel would require a CPL 440.10 motion in order to further develop the record (see, People v Love, 57 NY2d 998). We find that the existing record fails to support defendant’s claim that his trial counsel proceeded under a misconception of the elements of the agency defense, and that such record, viewed as a whole, establishes that defendant received meaningful representation (see, People v Benevento, 91 NY2d 708). Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

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Bluebook (online)

254 A.D.2d 117, 678 N.Y.S.2d 264, 1998 N.Y. App. Div. LEXIS 10834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fournier-nyappdiv-1998.

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