People v. Rucker

Appellate Division of the Supreme Court of New York

People v. Rucker

204 A.D.2d 1063, 613 N.Y.S.2d 99, 1994 N.Y. App. Div. LEXIS 6964

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

DecidedMay 27, 1994

StatusPublished

This text of 204 A.D.2d 1063 (People v. Rucker) 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. Rucker, 204 A.D.2d 1063, 613 N.Y.S.2d 99, 1994 N.Y. App. Div. LEXIS 6964 (N.Y. Ct. App. 1994).

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Opinion

—Judgment unanimously affirmed. Memorandum: We reject the contention that defendant was deprived of effective assistance of counsel because of an alleged conflict of interest arising from counsel’s position as a Town Justice. The fact that counsel had issued a bench warrant to a prosecution witness several months prior to defendant’s trial created "only an indirect and distinctly remote possibility” of a conflict (People v Perez, 70 NY2d 773, 774).

The verdict finding defendant guilty of assault in the second degree (Penal Law § 120.05 [2]) is not contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). (Appeal from Judgment of Supreme Court, Monroe County, Mark, J.—Assault, 2nd Degree.) Present—Denman, P. J., Green, Balio, Wesley and Davis, JJ.

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—Judgment unanimously affirmed. Memorandum: We reject the contention that defendant was deprived of effective assistance of counsel because of an alleged conflict of interest arising from counsel’s position as a Town Justice. The fact that counsel had issued a bench warrant to a prosecution witness several months prior to defendant’s trial created "only an indirect and distinctly remote possibility” of a conflict (People v Perez, 70 NY2d 773, 774).

The verdict finding defendant guilty of assault in the second degree (Penal Law § 120.05 [2]) is not contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). (Appeal from Judgment of Supreme Court, Monroe County, Mark, J.—Assault, 2nd Degree.) Present—Denman, P. J., Green, Balio, Wesley and Davis, JJ.

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Bluebook (online)

204 A.D.2d 1063, 613 N.Y.S.2d 99, 1994 N.Y. App. Div. LEXIS 6964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rucker-nyappdiv-1994.

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