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People v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1998
248 A.D.2d 634 (N.Y. App. Div. 1998)

Opinion

March 23, 1998

Appeal from the Supreme Court, Kings County (Marrus, J.).


Ordered that the judgment is affirmed.

The defendant contends that he was deprived of the effective assistance of trial counsel. However, mere losing tactics must not be confused with ineffectiveness, and a contention of ineffectiveness requires proof of less than meaningful representation rather than simple disagreement with strategies and tactics (see, People v. Rivera, 71 N.Y.2d 705; People v. Benn, 68 N.Y.2d 941; People v. Satterfield, 66 N.Y.2d 796; People v. Baldi, 54 N.Y.2d 137; People v. Davidson, 197 A.D.2d 701).

The defendant's trial counsel engaged in jury selection, delivered cogent opening and closing statements, made objections throughout the People's case, extensively cross-examined witnesses, and presented a substantial defense, which involved calling several witnesses including the defendant. Upon our review of the record, we find that the defendant was afforded meaningful representation.

The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05).

O'Brien, J. P., Pizzuto, Friedmann and McGinity, JJ., concur.


Summaries of

People v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1998
248 A.D.2d 634 (N.Y. App. Div. 1998)
Case details for

People v. Gordon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD GORDON…

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

Date published: Mar 23, 1998

Citations

248 A.D.2d 634 (N.Y. App. Div. 1998)
670 N.Y.S.2d 537

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