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People v. Usher

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 2003
2 A.D.3d 545 (N.Y. App. Div. 2003)

Opinion

2002-00206.

Decided December 8, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered December 20, 2001, convicting him of course of sexual conduct against a child in the first degree, upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, (Tigran W. Eldred of counsel), for appellant.

Charles J. Hynes, District Attorney, (Leonard Joblove and Keith Dolan of counsel), for respondent.

Before: SANDRA L. TOWNES, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

A claim of ineffective assistance of trial counsel requires proof of less than meaningful representation, rather than simple disagreement with strategies and tactics ( see People v. Benevento, 91 N.Y.2d 708, 713; People v. Flores, 84 N.Y.2d 184, 187; People v. Baldi, 54 N.Y.2d 137, 146). A review of the totality of the circumstances of this case shows that the defendant was provided with meaningful representation. Accordingly, he was not deprived of his constitutional right to the effective assistance of counsel.

FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.


Summaries of

People v. Usher

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 2003
2 A.D.3d 545 (N.Y. App. Div. 2003)
Case details for

People v. Usher

Case Details

Full title:THE PEOPLE, ETC., respondent, v. ROY USHER, appellant

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

Date published: Dec 8, 2003

Citations

2 A.D.3d 545 (N.Y. App. Div. 2003)
767 N.Y.S.2d 877

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