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People v. Delacruz

Appellate Division of the Supreme Court of New York, First Department
Feb 5, 1998
247 A.D.2d 223 (N.Y. App. Div. 1998)

Opinion

Decided February 5, 1998

Appeal from the Supreme Court, New York County (Ira Beal, J.).


The indictment was not jurisdictionally defective. The People are not required to specify in the indictment whether a defendant is being charged as a principal or as an accomplice (People v. Guidice, 83 N.Y.2d 630, 637). The use of the word "pistol" in the indictment regarding the weapon possession and assault counts "constituted sufficient factual support for the subject element of the crimes charged (see, CPL 200.50 [a]) as well as a sufficient description of the particular implement allegedly displayed by defendant (see, CPL 200.50 [b])" (People v. Singleton, 72 N.Y.2d 845, 847).

We conclude that defendant received effective assistance of counsel (People v. Baldi, 54 N.Y.2d 137).

Defendant's remaining contentions are unpreserved and without merit.

Concur — Milonas, J. P., Rosenberger, Ellerin and Tom, JJ.


Summaries of

People v. Delacruz

Appellate Division of the Supreme Court of New York, First Department
Feb 5, 1998
247 A.D.2d 223 (N.Y. App. Div. 1998)
Case details for

People v. Delacruz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEONARDO DELACRUZ…

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

Date published: Feb 5, 1998

Citations

247 A.D.2d 223 (N.Y. App. Div. 1998)
669 N.Y.S.2d 267

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