People v. Mott

Appellate Division of the Supreme Court of New York

People v. Mott

181 A.D.2d 1016

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

DecidedMarch 13, 1992

StatusPublished

This text of 181 A.D.2d 1016 (People v. Mott) 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. Mott, 181 A.D.2d 1016 (N.Y. Ct. App. 1992).

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Opinion

— Judgment unanimously affirmed. Memorandum: We conclude that defendant’s conviction for burglary in the second degree (Penal Law § 140.25 [2]) is supported by sufficient evidence and is not against the weight of the evidence. Defendant’s contention that he was denied effective assistance of counsel because of counsel’s failure to explore an insanity defense is not demonstrable on this record and would more appropriately be raised by means of a postconviction proceeding under CPL 440.10 (see, People v Brown, 45 NY2d 852).

We have reviewed defendant’s remaining contentions and find them to be without merit. (Appeal from Judgment of Cattaraugus County Court, Kelly, J. — Sodomy, 1st Degree.) Present — Denman, P. J., Callahan, Green, Pine and Balio, JJ.

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— Judgment unanimously affirmed. Memorandum: We conclude that defendant’s conviction for burglary in the second degree (Penal Law § 140.25 [2]) is supported by sufficient evidence and is not against the weight of the evidence. Defendant’s contention that he was denied effective assistance of counsel because of counsel’s failure to explore an insanity defense is not demonstrable on this record and would more appropriately be raised by means of a postconviction proceeding under CPL 440.10 (see, People v Brown, 45 NY2d 852).

We have reviewed defendant’s remaining contentions and find them to be without merit. (Appeal from Judgment of Cattaraugus County Court, Kelly, J. — Sodomy, 1st Degree.) Present — Denman, P. J., Callahan, Green, Pine and Balio, JJ.

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Bluebook (online)

181 A.D.2d 1016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mott-nyappdiv-1992.

Opinion

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