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People v. Benjamin

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1989
151 A.D.2d 685 (N.Y. App. Div. 1989)

Opinion

June 19, 1989

Appeal from the Supreme Court, Westchester County (Martin, J.).


Ordered that the judgments are affirmed.

The trial court did not improvidently exercise its discretion in denying the defendant's motion to set aside the jury verdict with respect to indictment No. 84-01044-01 on the ground of ineffective assistance of counsel (see, CPL 330.30). The hearing record indicates that counsel's decision not to call the defendant's best friend, wife and other family members as alibi witnesses was a well-advised trial strategy. The defendant's disagreement with that strategy did not render counsel's representation less than meaningful (see, People v. Rivera, 71 N.Y.2d 705; People v. Baldi, 54 N.Y.2d 137).

We have considered the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be either unpreserved for appellate review or not warranting reversal of his convictions. Thompson, J.P., Brown, Lawrence and Rubin, JJ., concur.


Summaries of

People v. Benjamin

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1989
151 A.D.2d 685 (N.Y. App. Div. 1989)
Case details for

People v. Benjamin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALAN M. BENJAMIN…

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

Date published: Jun 19, 1989

Citations

151 A.D.2d 685 (N.Y. App. Div. 1989)

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