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People v. Dalton

Appellate Division of the Supreme Court of New York, Fourth Department
May 27, 1988
140 A.D.2d 993 (N.Y. App. Div. 1988)

Opinion

May 27, 1988

Appeal from the Jefferson County Court, Parker, J.

Present — Doerr, J.P., Boomer, Green, Balio and Lawton, JJ.


Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment entered upon a jury verdict convicting him of attempted burglary in the third degree, possession of burglar's tools and criminal mischief in the fourth degree.

Defendant contends that he was denied effective assistance of counsel based on trial counsel's statement prior to trial that he was not prepared on the law or facts relevant to the defense. We disagree. Counsel's statement, without more, does not establish ineffectiveness. In reviewing a claim of ineffectiveness, a court must view the totality of circumstances of a particular case to determine whether a defendant received "meaningful representation" (People v Baldi, 54 N.Y.2d 137, 147). From our review of the record, defendant was provided meaningful representation (see, e.g., People v Satterfield, 66 N.Y.2d 796). We have considered defendant's remaining contentions and find them to be without merit.


Summaries of

People v. Dalton

Appellate Division of the Supreme Court of New York, Fourth Department
May 27, 1988
140 A.D.2d 993 (N.Y. App. Div. 1988)
Case details for

People v. Dalton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN M. DALTON…

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

Date published: May 27, 1988

Citations

140 A.D.2d 993 (N.Y. App. Div. 1988)

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