People v. Kinsey

Appellate Division of the Supreme Court of New York

People v. Kinsey

148 A.D.2d 971, 540 N.Y.S.2d 217, 1989 N.Y. App. Div. LEXIS 2627

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

DecidedMarch 10, 1989

StatusPublished

This text of 148 A.D.2d 971 (People v. Kinsey) 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. Kinsey, 148 A.D.2d 971, 540 N.Y.S.2d 217, 1989 N.Y. App. Div. LEXIS 2627 (N.Y. Ct. App. 1989).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: On appeal from his conviction for attempted assault in the second degree and leaving the scene of an accident, defendant urges that numerous errors occurred during the trial and sentencing and that the failure of trial counsel to object or otherwise challenge these errors deprived him of effective assistance of counsel. We do not agree.

None of the claims of error has merit, and trial counsel cannot be faulted for failing to make objections or to raise issues on which he would not have prevailed (see, People v Torrence, 135 AD2d 1075, lv denied 70 NY2d 1011). Defendant has failed to demonstrate that his trial counsel did not provide meaningful representation (see, People v Baldi, 54 NY2d 137). (Appeal from judgment of Monroe County Court, Celli, J.— attempted assault, second degree, and another charge.) Present — Dillon, P. J., Denman, Green, Pine and Balio, JJ.

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Judgment unanimously affirmed. Memorandum: On appeal from his conviction for attempted assault in the second degree and leaving the scene of an accident, defendant urges that numerous errors occurred during the trial and sentencing and that the failure of trial counsel to object or otherwise challenge these errors deprived him of effective assistance of counsel. We do not agree.

None of the claims of error has merit, and trial counsel cannot be faulted for failing to make objections or to raise issues on which he would not have prevailed (see, People v Torrence, 135 AD2d 1075, lv denied 70 NY2d 1011). Defendant has failed to demonstrate that his trial counsel did not provide meaningful representation (see, People v Baldi, 54 NY2d 137). (Appeal from judgment of Monroe County Court, Celli, J.— attempted assault, second degree, and another charge.) Present — Dillon, P. J., Denman, Green, Pine and Balio, JJ.

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Bluebook (online)

148 A.D.2d 971, 540 N.Y.S.2d 217, 1989 N.Y. App. Div. LEXIS 2627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kinsey-nyappdiv-1989.

Opinion

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