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People v. Cooper

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 2011
85 A.D.3d 1046 (N.Y. App. Div. 2011)

Opinion

No. 2010-01383.

June 21, 2011.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Hudson, J.), rendered January 13, 2010, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence.

Steven A. Feldman, Uniondale, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel), for respondent.

Before: Dillon, J.P., Covello, Balkin, Lott and Roman, JJ.


Ordered that the judgment is affirmed.

To the extent that the defendant's claim of ineffective assistance of counsel involves matter dehors the record, it may not be reviewed on direct appeal ( see People v Sweeney, 84 AD3d 1123; People v Smalls, 84 AD3d 1122; People v Wahhab, 84 AD3d 982.]). To the extent that the claim may be reviewed, defense counsel provided meaningful representation ( see People v Caban, 5 NY3d 143, 152; People v Rivera, 71 NY2d 705, 708-709; People v Baldi, 54 NY2d 137, 146-147). The defendant's contention that his plea of guilty was involuntary as a result of the alleged ineffectiveness of his counsel is belied by his acknowledgments at the plea and sentencing proceedings that he was satisfied by his attorney's representation, that he was waiving any defense he may have, and that his attorney had explained such defenses to him ( see People v Haffiz, 77 AD3d 767, 768; People v Cobb, 19 AD3d 506; People v Weekes, 289 AD2d 599).


Summaries of

People v. Cooper

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 2011
85 A.D.3d 1046 (N.Y. App. Div. 2011)
Case details for

People v. Cooper

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES COOPER…

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

Date published: Jun 21, 2011

Citations

85 A.D.3d 1046 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 5516
925 N.Y.S.2d 862