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People v. Bolton

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1993
199 A.D.2d 403 (N.Y. App. Div. 1993)

Opinion

December 20, 1993

Appeal from the County Court, Westchester County (Colabella, J.).


Ordered that the judgment is affirmed.

The defendant's claim of ineffective assistance of counsel lacks merit because on our review of the record it is clear that he received meaningful representation (see, People v Baldi, 54 N.Y.2d 137, 146-147). Here, defense counsel performed effectively by, inter alia, focusing on the weakness in the People's proof against the defendant and the inconsistencies in the testimony of the prosecution's witnesses, delivering cogent opening and closing statements, and presenting a plausible defense. While counsel's performance was not free from error, a few tactical errors do not equate with a lack of meaningful representation (see, People v Baldi, supra, at 146-147; see also, People v Benn, 68 N.Y.2d 941; People v Satterfield, 66 N.Y.2d 796, 799-800; People v Badia, 159 A.D.2d 577).

The claims raised by the defendant regarding the alleged evidentiary errors and prosecutorial misconduct are unpreserved for review (see, CPL 470.05) and we decline to reach them in the exercise of our interest of justice jurisdiction (see, CPL 470.15).

Moreover, the sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). O'Brien, J.P., Copertino, Pizzuto and Santucci, JJ., concur.


Summaries of

People v. Bolton

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1993
199 A.D.2d 403 (N.Y. App. Div. 1993)
Case details for

People v. Bolton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN BOLTON, Appellant

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

Date published: Dec 20, 1993

Citations

199 A.D.2d 403 (N.Y. App. Div. 1993)
605 N.Y.S.2d 325