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People v. Ott

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 2006
30 A.D.3d 1081 (N.Y. App. Div. 2006)

Opinion

KA 03-02313.

June 9, 2006.

Appeal from a judgment of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.), rendered June 24, 2003. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the third degree.

MICHAEL J. STACHOWSKI, P.C., BUFFALO (MICHAEL J. STACHOWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (RAYMOND C. HERMAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present: Pigott, Jr., P.J., Hurlbutt, Scudder, Green and Hayes, JJ.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of criminal possession of a weapon in the third degree (Penal Law § 265.02 [ii]). We reject the contention of defendant that he was denied effective assistance of counsel. Defense counsel made appropriate pretrial motions, adequately cross-examined the prosecution witnesses, and gave effective opening and closing statements, and defendant was acquitted of the two most serious crimes charged in the indictment. The record thus establishes that defendant received meaningful representation ( see generally People v. Baldi, 54 NY2d 137, 147 [1981]).


Summaries of

People v. Ott

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 2006
30 A.D.3d 1081 (N.Y. App. Div. 2006)
Case details for

People v. Ott

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL P. OTT…

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

Date published: Jun 9, 2006

Citations

30 A.D.3d 1081 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 4655
815 N.Y.S.2d 864

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