People v. Lynn

Appellate Division of the Supreme Court of New York

People v. Lynn

251 A.D.2d 250, 673 N.Y.S.2d 913, 1998 N.Y. App. Div. LEXIS 7685

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

DecidedJune 25, 1998

StatusPublished

Cited by1 cases

This text of 251 A.D.2d 250 (People v. Lynn) 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. Lynn, 251 A.D.2d 250, 673 N.Y.S.2d 913, 1998 N.Y. App. Div. LEXIS 7685 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Judgment, Supreme Court, Bronx County (John Collins, J.), rendered March 27, 1995, convicting defendant, after a jury trial, of murder in the second degree and attempted murder in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 20 years to life and 6 to 12 years, respectively, unanimously affirmed.

The existing record, which defendant has not sought to amplify by way of a CPL 440.10 motion whereby counsel’s strategic decisions could have been explored (see, People v Love, 57 NY2d 998), fails to support defendant’s claim of ineffective assistance. Counsel made appropriate pre-trial and trial motions and applications, vigorously cross-examined the People’s witnesses, and delivered a cogent summation. Defendant has not demonstrated that he was deprived of effective assistance by counsel’s failure to seek a reopened suppression hearing based on the People’s disclosure at the start of trial, since defendant has not shown that the hearing would have been reopened, or [251]*251that a reopened hearing would have resulted in suppression of any evidence. Likewise, defendant has not shown that counsel’s purported omissions with respect to cross-examination of one of the identifying witnesses, and introduction of documentary evidence affected the outcome of the trial (see, People v Hobot, 84 NY2d 1021, 1024). Concur — Sullivan, J. P., Ellerin, Williams, Tom and Mazzarelli, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, Bronx County (John Collins, J.), rendered March 27, 1995, convicting defendant, after a jury trial, of murder in the second degree and attempted murder in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 20 years to life and 6 to 12 years, respectively, unanimously affirmed.

The existing record, which defendant has not sought to amplify by way of a CPL 440.10 motion whereby counsel’s strategic decisions could have been explored (see, People v Love, 57 NY2d 998), fails to support defendant’s claim of ineffective assistance. Counsel made appropriate pre-trial and trial motions and applications, vigorously cross-examined the People’s witnesses, and delivered a cogent summation. Defendant has not demonstrated that he was deprived of effective assistance by counsel’s failure to seek a reopened suppression hearing based on the People’s disclosure at the start of trial, since defendant has not shown that the hearing would have been reopened, or [251]*251that a reopened hearing would have resulted in suppression of any evidence. Likewise, defendant has not shown that counsel’s purported omissions with respect to cross-examination of one of the identifying witnesses, and introduction of documentary evidence affected the outcome of the trial (see, People v Hobot, 84 NY2d 1021, 1024). Concur — Sullivan, J. P., Ellerin, Williams, Tom and Mazzarelli, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

251 A.D.2d 250, 673 N.Y.S.2d 913, 1998 N.Y. App. Div. LEXIS 7685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lynn-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack