People v. Guerra-Pena

Appellate Division of the Supreme Court of New York

People v. Guerra-Pena

46 A.D.3d 1469, 847 N.Y.S.2d 886

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

DecidedDecember 21, 2007

StatusPublished

Cited by2 cases

This text of 46 A.D.3d 1469 (People v. Guerra-Pena) 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. Guerra-Pena, 46 A.D.3d 1469, 847 N.Y.S.2d 886 (N.Y. Ct. App. 2007).

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Opinion

Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), rendered June 3, 2005. The judgment convicted defendant, upon his plea of guilty, of rape in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a plea of guilty of rape in the first degree (Penal Law § 130.35 [1]), defendant contends that his attorney became a witness against him and thus that he was denied effective assistance of counsel. We reject that contention. Contrary to defendant’s contention, defense counsel did not take a position adverse to defendant by his comments concerning the physical appearance of an item that might have been offered in evidence had a trial been held and defendant’s lack of cooperation in preparing a defense, nor did defense counsel’s comments contribute to any rulings against defendant (see generally People v Wilmet, 9 AD3d 884 [2004], lv denied 3 NY3d 683 [2004]; People v Cook, 295 AD2d 888 [2002], lv denied 99 NY2d 534 [2002]). Present—Hurlbutt, J.P., Martoche, Smith, Peradotto and Pine, JJ.

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Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), rendered June 3, 2005. The judgment convicted defendant, upon his plea of guilty, of rape in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a plea of guilty of rape in the first degree (Penal Law § 130.35 [1]), defendant contends that his attorney became a witness against him and thus that he was denied effective assistance of counsel. We reject that contention. Contrary to defendant’s contention, defense counsel did not take a position adverse to defendant by his comments concerning the physical appearance of an item that might have been offered in evidence had a trial been held and defendant’s lack of cooperation in preparing a defense, nor did defense counsel’s comments contribute to any rulings against defendant (see generally People v Wilmet, 9 AD3d 884 [2004], lv denied 3 NY3d 683 [2004]; People v Cook, 295 AD2d 888 [2002], lv denied 99 NY2d 534 [2002]). Present—Hurlbutt, J.P., Martoche, Smith, Peradotto and Pine, JJ.

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Bluebook (online)

46 A.D.3d 1469, 847 N.Y.S.2d 886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-guerra-pena-nyappdiv-2007.

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