People v. Moffitt

Appellate Division of the Supreme Court of New York

People v. Moffitt

193 A.D.2d 957, 598 N.Y.S.2d 1010, 1993 N.Y. App. Div. LEXIS 5115

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

DecidedMay 20, 1993

StatusPublished

This text of 193 A.D.2d 957 (People v. Moffitt) 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. Moffitt, 193 A.D.2d 957, 598 N.Y.S.2d 1010, 1993 N.Y. App. Div. LEXIS 5115 (N.Y. Ct. App. 1993).

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Opinion

Appeal from a judgment of the County Court of Warren County (Moynihan, Jr., J.), rendered March 6, 1990, upon a verdict convicting defendant of the crime of sexual abuse in the first degree.

Defendant contends that she was denied effective assistance of counsel and that the sentence of IVz to 4Vi years’ imprisonment that she received upon her conviction was harsh and [958]*958excessive. We find defendant’s argument that defense counsel was ineffective because he failed to present certain character witnesses she had requested to be unsupported by the record. Such trial tactics do not constitute ineffective assistance of counsel (see, People v Brown, 166 AD2d 762). Further, given the nature of the crime and the fact that defendant did not receive the harshest possible sentence, we find no reason to disturb the sentence imposed by County Court (see, People v Rossi, 185 AD2d 401, lv denied 80 NY2d 909).

Mikoll, J. P., Levine, Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Warren County (Moynihan, Jr., J.), rendered March 6, 1990, upon a verdict convicting defendant of the crime of sexual abuse in the first degree.

Defendant contends that she was denied effective assistance of counsel and that the sentence of IVz to 4Vi years’ imprisonment that she received upon her conviction was harsh and [958]*958excessive. We find defendant’s argument that defense counsel was ineffective because he failed to present certain character witnesses she had requested to be unsupported by the record. Such trial tactics do not constitute ineffective assistance of counsel (see, People v Brown, 166 AD2d 762). Further, given the nature of the crime and the fact that defendant did not receive the harshest possible sentence, we find no reason to disturb the sentence imposed by County Court (see, People v Rossi, 185 AD2d 401, lv denied 80 NY2d 909).

Mikoll, J. P., Levine, Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

193 A.D.2d 957, 598 N.Y.S.2d 1010, 1993 N.Y. App. Div. LEXIS 5115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-moffitt-nyappdiv-1993.

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