People v. Stridiron

Appellate Division of the Supreme Court of New York

People v. Stridiron

182 A.D.2d 400, 582 N.Y.S.2d 140, 1992 N.Y. App. Div. LEXIS 5418

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

DecidedApril 2, 1992

StatusPublished

Cited by1 cases

This text of 182 A.D.2d 400 (People v. Stridiron) 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. Stridiron, 182 A.D.2d 400, 582 N.Y.S.2d 140, 1992 N.Y. App. Div. LEXIS 5418 (N.Y. Ct. App. 1992).

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Opinion

Judgment* Supreme Court, New York County (Jerome Marks, J.), rendered January 11, 1990, convicting defendant, after a jury trial, of the crime of burglary in the third degree, and sentencing him, as a predicate felony offender, to an indeterminate term of 2 to 4 years imprisonment, unanimously affirmed.

On this record we conclude that defense counsel showed "reasonable competence” (People v Serrano, 163 AD2d 66, 67, lv denied 76 NY2d 896). We cannot conclude, as a matter of law, that the absence of objection by defense counsel to certain of the court’s charges constitutes ineffective assistance of counsel. Defendant has not made a motion pursuant to CPL 440.10 which would permit inquiry into those specific issues and allow defense counsel an opportunity to rebut defendant’s [401]*401assertions (see, People v Jiggetts, 178 AD2d 332). Concur— Sullivan, J. P., Wallach, Asch, Kassal and Rubin, JJ.

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Judgment* Supreme Court, New York County (Jerome Marks, J.), rendered January 11, 1990, convicting defendant, after a jury trial, of the crime of burglary in the third degree, and sentencing him, as a predicate felony offender, to an indeterminate term of 2 to 4 years imprisonment, unanimously affirmed.

On this record we conclude that defense counsel showed "reasonable competence” (People v Serrano, 163 AD2d 66, 67, lv denied 76 NY2d 896). We cannot conclude, as a matter of law, that the absence of objection by defense counsel to certain of the court’s charges constitutes ineffective assistance of counsel. Defendant has not made a motion pursuant to CPL 440.10 which would permit inquiry into those specific issues and allow defense counsel an opportunity to rebut defendant’s [401]*401assertions (see, People v Jiggetts, 178 AD2d 332). Concur— Sullivan, J. P., Wallach, Asch, Kassal and Rubin, JJ.

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Bluebook (online)

182 A.D.2d 400, 582 N.Y.S.2d 140, 1992 N.Y. App. Div. LEXIS 5418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stridiron-nyappdiv-1992.

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