People v. Maddox

Appellate Division of the Supreme Court of New York

People v. Maddox

213 A.D.2d 159, 624 N.Y.S.2d 803, 1995 N.Y. App. Div. LEXIS 2326

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

DecidedMarch 2, 1995

StatusPublished

Cited by1 cases

This text of 213 A.D.2d 159 (People v. Maddox) 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. Maddox, 213 A.D.2d 159, 624 N.Y.S.2d 803, 1995 N.Y. App. Div. LEXIS 2326 (N.Y. Ct. App. 1995).

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Opinion

—Judgment, Supreme Court, Bronx County (Vincent Vitale, J.), rendered April 21, 1993 which, after a jury trial, convicted defendant of robbery in the first degree and sentenced him to a prison term of from 4 to 12 years, unanimously affirmed.

After reviewing the trial record we cannot say that the defense theory, that defendant was the innocent victim of overzealous police action, was ineffective, or that defendant’s attorney failed to provide meaningful representation sufficient to satisfy the constitutional requirement (People v Baldi, 54 NY2d 137, 147; People v Jackson, 52 NY2d 1027, 1029). The foregoing determination is made without the benefit of knowing what was in defense counsel’s mind, a point which may have been developed had an appropriate post-judgment motion been made pursuant to CPL 440.10 (People v Jones, 55 NY2d 771, 773).

To the extent that defense counsel’s opening statement may have suggested that defendant had the burden of proof to demonstrate his innocence, any prejudice caused thereby was eliminated by the court’s subsequent instructions regarding the burden of proof. Concur—Wallach, J. P., Rubin, Asch, Nardelli and Tom, JJ.

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—Judgment, Supreme Court, Bronx County (Vincent Vitale, J.), rendered April 21, 1993 which, after a jury trial, convicted defendant of robbery in the first degree and sentenced him to a prison term of from 4 to 12 years, unanimously affirmed.

After reviewing the trial record we cannot say that the defense theory, that defendant was the innocent victim of overzealous police action, was ineffective, or that defendant’s attorney failed to provide meaningful representation sufficient to satisfy the constitutional requirement (People v Baldi, 54 NY2d 137, 147; People v Jackson, 52 NY2d 1027, 1029). The foregoing determination is made without the benefit of knowing what was in defense counsel’s mind, a point which may have been developed had an appropriate post-judgment motion been made pursuant to CPL 440.10 (People v Jones, 55 NY2d 771, 773).

To the extent that defense counsel’s opening statement may have suggested that defendant had the burden of proof to demonstrate his innocence, any prejudice caused thereby was eliminated by the court’s subsequent instructions regarding the burden of proof. Concur—Wallach, J. P., Rubin, Asch, Nardelli and Tom, JJ.

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Bluebook (online)

213 A.D.2d 159, 624 N.Y.S.2d 803, 1995 N.Y. App. Div. LEXIS 2326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-maddox-nyappdiv-1995.

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