People v. Gipson

Appellate Division of the Supreme Court of New York

People v. Gipson

152 A.D.2d 941, 543 N.Y.S.2d 828, 1989 N.Y. App. Div. LEXIS 9809

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

DecidedJuly 12, 1989

StatusPublished

Cited by3 cases

This text of 152 A.D.2d 941 (People v. Gipson) 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. Gipson, 152 A.D.2d 941, 543 N.Y.S.2d 828, 1989 N.Y. App. Div. LEXIS 9809 (N.Y. Ct. App. 1989).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: The sentencing court properly adjudicated defendant a second felony offender. Contrary to defendant’s claim, his prior felony conviction was not obtained in violation of his constitutional rights (see, CPL 400.21 [7] [b]; People v Harris, 61 NY2d 9). Moreover, defendant’s claim that he was denied the effective assistance of counsel with respect to his prior felony conviction is lacking in merit. Defendant has proffered no facts in support of this claim. Our review of the record reveals that defendant’s attorney provided meaningful representation (see, People v Baldi, 54 NY2d 137, 146-147). The People filed a second felony offender statement at the time of the prior conviction, which defense counsel controverted. A second felony offender hearing was held, at which time counsel argued that defendant’s prior Federal conviction should not be used as a predicate felony. Additionally, counsel moved the court for leave to permit defendant to withdraw his guilty plea. (Appeal from judgment of Erie County Court, McCarthy, J. — grand larceny, third degree.) Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.

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Judgment unanimously affirmed. Memorandum: The sentencing court properly adjudicated defendant a second felony offender. Contrary to defendant’s claim, his prior felony conviction was not obtained in violation of his constitutional rights (see, CPL 400.21 [7] [b]; People v Harris, 61 NY2d 9). Moreover, defendant’s claim that he was denied the effective assistance of counsel with respect to his prior felony conviction is lacking in merit. Defendant has proffered no facts in support of this claim. Our review of the record reveals that defendant’s attorney provided meaningful representation (see, People v Baldi, 54 NY2d 137, 146-147). The People filed a second felony offender statement at the time of the prior conviction, which defense counsel controverted. A second felony offender hearing was held, at which time counsel argued that defendant’s prior Federal conviction should not be used as a predicate felony. Additionally, counsel moved the court for leave to permit defendant to withdraw his guilty plea. (Appeal from judgment of Erie County Court, McCarthy, J. — grand larceny, third degree.) Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.

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Bluebook (online)

152 A.D.2d 941, 543 N.Y.S.2d 828, 1989 N.Y. App. Div. LEXIS 9809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gipson-nyappdiv-1989.

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