From Casetext: Smarter Legal Research

People v. Silverio-Mercedes

Appellate Division of the Supreme Court of New York, Fourth Department
May 30, 1997
239 A.D.2d 923 (N.Y. App. Div. 1997)

Opinion

May 30, 1997

Present — Denman, P.J., Green, Balio, Boehm and Fallon, JJ.


Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of criminal possession of a controlled substance in the second and third degrees. We reject the contention that he was denied effective assistance of counsel. Counsel's failure to object to the admission of double hearsay testimony did not deprive defendant of a fair trial (see, People v. Dietz, 79 A.D.2d 476, 477). Further, defendant failed to establish that a motion to suppress physical evidence seized pursuant to a search warrant, if made, would have been successful (see, People v. Torrence, 135 A.D.2d 1075, 1076). We conclude that the cumulative effect of those and other alleged deficiencies, viewed in totality and as of the time of the representation, did not deprive defendant of effective assistance and that counsel's representation was meaningful (see, People v. Satterfield, 66 N.Y.2d 796, 798-799; People v. Baldi, 54 N.Y.2d 137, 146-147). (Appeal from Judgment of Onondaga County Court, Elhott, J. — Criminal Possession Controlled Substance, 2nd Degree.)


Summaries of

People v. Silverio-Mercedes

Appellate Division of the Supreme Court of New York, Fourth Department
May 30, 1997
239 A.D.2d 923 (N.Y. App. Div. 1997)
Case details for

People v. Silverio-Mercedes

Case Details

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

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

Date published: May 30, 1997

Citations

239 A.D.2d 923 (N.Y. App. Div. 1997)
661 N.Y.S.2d 819

Citing Cases

People v. Seymour

Upon our review of "the evidence, the law, and circumstances of [this] case," we conclude that defendant…

People v. McClain

The defendant was properly adjudicated a second felony offender based upon his previous felony conviction in…