People v. Senior

Appellate Division of the Supreme Court of New York

People v. Senior

15 A.D.3d 302, 789 N.Y.S.2d 681, 2005 N.Y. App. Div. LEXIS 1707

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

DecidedFebruary 22, 2005

StatusPublished

Cited by1 cases

This text of 15 A.D.3d 302 (People v. Senior) 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. Senior, 15 A.D.3d 302, 789 N.Y.S.2d 681, 2005 N.Y. App. Div. LEXIS 1707 (N.Y. Ct. App. 2005).

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Opinion

Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), rendered January 8, 2003, convicting defendant, after a jury trial, of promoting prison contraband in the first degree and sentencing him, as a second felony offender, to a term of 2 to 4 years, and order, same court and Justice, entered on or about April 14, 2003, which denied defendant’s CPL 440.10 motion to vacate the judgment, unanimously affirmed.

Defendant received effective assistance of counsel (see People v Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]). Defendant was not deprived of effective assistance when counsel failed to advance his desire to testify before the grand jury, or when counsel failed to move to dismiss the indictment based on the alleged denial of defendant’s right to testify (see People v Wiggins, 89 NY2d 872, 873 [1996]; People v Mobley, 309 AD2d 605 [2003], lv denied 1 NY3d 599 [2004]; People v Davis, 308 AD2d 343, 345 [2003], lv denied 1 NY3d 570 [2003]). Concur — Saxe, J.E, Marlow, Ellerin, Nardelli and Sweeny, JJ.

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Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), rendered January 8, 2003, convicting defendant, after a jury trial, of promoting prison contraband in the first degree and sentencing him, as a second felony offender, to a term of 2 to 4 years, and order, same court and Justice, entered on or about April 14, 2003, which denied defendant’s CPL 440.10 motion to vacate the judgment, unanimously affirmed.

Defendant received effective assistance of counsel (see People v Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]). Defendant was not deprived of effective assistance when counsel failed to advance his desire to testify before the grand jury, or when counsel failed to move to dismiss the indictment based on the alleged denial of defendant’s right to testify (see People v Wiggins, 89 NY2d 872, 873 [1996]; People v Mobley, 309 AD2d 605 [2003], lv denied 1 NY3d 599 [2004]; People v Davis, 308 AD2d 343, 345 [2003], lv denied 1 NY3d 570 [2003]). Concur — Saxe, J.E, Marlow, Ellerin, Nardelli and Sweeny, JJ.

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Bluebook (online)

15 A.D.3d 302, 789 N.Y.S.2d 681, 2005 N.Y. App. Div. LEXIS 1707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-senior-nyappdiv-2005.

Opinion

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