People v. Simmons

Appellate Division of the Supreme Court of New York

People v. Simmons

202 A.D.2d 812, 609 N.Y.S.2d 875, 1994 N.Y. App. Div. LEXIS 2504

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

DecidedMarch 17, 1994

StatusPublished

Cited by1 cases

This text of 202 A.D.2d 812 (People v. Simmons) 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. Simmons, 202 A.D.2d 812, 609 N.Y.S.2d 875, 1994 N.Y. App. Div. LEXIS 2504 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Appeal from a judgment of the County Court of Schenectady County (Feldstein, J.), rendered November 19, 1992, convicting defendant upon his plea of guilty of the crime of criminal possession of stolen property in the fourth degree.

Defendant contends that he was denied the effective assistance of counsel by the failure of defense counsel to timely move to dismiss the indictment pursuant to CPL 190.50 (5) (c). The failure to make such a motion, standing alone, is insufficient to establish that defendant was not given meaningful representation. Defendant’s conclusory allegations of ineffectiveness do not compel a different result in this case. We have considered defendant’s other contentions and find them to be without merit.

Mikoll, J. P., Mercure, Crew III, White and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a judgment of the County Court of Schenectady County (Feldstein, J.), rendered November 19, 1992, convicting defendant upon his plea of guilty of the crime of criminal possession of stolen property in the fourth degree.

Defendant contends that he was denied the effective assistance of counsel by the failure of defense counsel to timely move to dismiss the indictment pursuant to CPL 190.50 (5) (c). The failure to make such a motion, standing alone, is insufficient to establish that defendant was not given meaningful representation. Defendant’s conclusory allegations of ineffectiveness do not compel a different result in this case. We have considered defendant’s other contentions and find them to be without merit.

Mikoll, J. P., Mercure, Crew III, White and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

202 A.D.2d 812, 609 N.Y.S.2d 875, 1994 N.Y. App. Div. LEXIS 2504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-simmons-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack