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People v. Batsford

Appellate Division of the Supreme Court of New York, Third Department
Sep 27, 1990
165 A.D.2d 957 (N.Y. App. Div. 1990)

Opinion

September 27, 1990

Appeal from the County Court of Cortland County (Dowd, J.).


Defendant's main argument on appeal is that he was denied meaningful representation because defense counsel failed to thoroughly investigate the factual basis of the charges against defendant prior to his plea. Based on defense counsel's analysis of the prosecution's case and defendant's prior criminal record, defense counsel clearly made a legitimate and reasonable decision not to move forward with pretrial discovery and to recommend that defendant plead guilty to a reduced charge in full satisfaction of a four-count indictment. Under the circumstances, defense counsel's failure to pursue a particular course of action did not constitute ineffective assistance of counsel and, in fact, probably reduced defendant's potential prison exposure (see, People v. Mouck, 145 A.D.2d 758, 759, lv denied 73 N.Y.2d 924; People v. Jacques, 136 A.D.2d 756, 757, lv denied 71 N.Y.2d 969). We have examined defendant's remaining contentions and find them lacking in merit.

Judgment affirmed. Kane, J.P., Weiss, Levine, Mercure and Harvey, JJ., concur.


Summaries of

People v. Batsford

Appellate Division of the Supreme Court of New York, Third Department
Sep 27, 1990
165 A.D.2d 957 (N.Y. App. Div. 1990)
Case details for

People v. Batsford

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT C. BATSFORD…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 27, 1990

Citations

165 A.D.2d 957 (N.Y. App. Div. 1990)
561 N.Y.S.2d 846