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People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 1997
241 A.D.2d 499 (N.Y. App. Div. 1997)

Opinion

July 14, 1997

Appeal from the Supreme Court, Queens County (Flaherty, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not err in failing to order a competency hearing sua sponte (see, People v. Armlin, 37 N.Y.2d 167). There was no indication that the defendant lacked sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding to enable him to prepare or present a defense, or that he failed to understand the proceedings against him (see, CPL 730.10; People v. Picozzi, 106 A.D.2d 413). Similarly, the defendant's claim of ineffective assistance of counsel is without merit. Viewing defense counsel's performance "in its entirety, in conjunction with the evidence, the law, and the circumstances of the case", the defendant enjoyed meaningful representation at all stages of the trial (People v. Vanterpool, 143 A.D.2d 282; People v. Baldi, 54 N.Y.2d 137).

Miller, J. P., Friedmann, Krausman and Florio, JJ., concur.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 1997
241 A.D.2d 499 (N.Y. App. Div. 1997)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LLOYD DAVIS, Appellant

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

Date published: Jul 14, 1997

Citations

241 A.D.2d 499 (N.Y. App. Div. 1997)
661 N.Y.S.2d 521