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People v. St. John

23 A.D.3d 417, 803 N.Y.S.2d 432
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 7, 2005
StatusPublished

This text of 23 A.D.3d 417 (People v. St. John) 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. St. John, 23 A.D.3d 417, 803 N.Y.S.2d 432 (N.Y. Ct. App. 2005).

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Collini, J.), rendered October 29, 2002, convicting him of criminal sale of a controlled substance in the third degree (three counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

In order for a defendant to establish ineffective assistance of trial counsel, he or she must demonstrate the absence of strategic or other legitimate explanations for counsel’s allegedly deficient conduct (People v Taylor, 1 NY3d 174 [2003]; People v Benevento, 91 NY2d 708 [1998]; People v Rivera, 71 NY2d 705 [1988]). The defendant failed to make such a showing.

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 83 [1982]). H. Miller, J.P., Santucci, Goldstein and Dillon, JJ., concur.

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Related

People v. Benevento
697 N.E.2d 584 (New York Court of Appeals, 1998)
People v. Taylor
802 N.E.2d 1109 (New York Court of Appeals, 2003)
People v. Rivera
525 N.E.2d 698 (New York Court of Appeals, 1988)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
23 A.D.3d 417, 803 N.Y.S.2d 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-st-john-nyappdiv-2005.