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People v. Behlin

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1991
172 A.D.2d 756 (N.Y. App. Div. 1991)

Opinion

April 22, 1991

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


Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is denied.

Since the defendant makes no challenge to this court's determination of those issues which were raised on his direct appeal, his motion is not properly one for reargument (cf., People v. Bachert, 69 N.Y.2d 593, 597). Moreover, since he points to no argument which appellate counsel could have raised but unreasonably failed to raise on direct appeal, the defendant has failed to establish that he was denied the effective assistance of appellate counsel (see, Jones v. Barnes, 463 U.S. 745; People v. Wilson, 150 A.D.2d 631). To the extent that the defendant now raises issues which were properly the subject of his unsuccessful motion for vacatur of the judgment pursuant to CPL 440.10, since he did not obtain leave to appeal from denial of that motion, those arguments are not properly before this court (see, People v. Kihm, 143 A.D.2d 199). Mangano, P.J., Thompson, Lawrence and Harwood, JJ., concur.


Summaries of

People v. Behlin

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1991
172 A.D.2d 756 (N.Y. App. Div. 1991)
Case details for

People v. Behlin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID BEHLIN, Appellant

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

Date published: Apr 22, 1991

Citations

172 A.D.2d 756 (N.Y. App. Div. 1991)
569 N.Y.S.2d 142