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People v. Emerson

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 968 (N.Y. App. Div. 1996)

Opinion

February 2, 1996

Appeal from the Genesee County Court, Morton, J.

Present — Denman, P.J., Lawton, Doerr, Balio and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that he was denied effective assistance of counsel. The right to effective assistance of counsel is satisfied "[s]o long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation" (People v. Baldi, 54 N.Y.2d 137, 147). A defendant is entitled to meaningful representation, not error-free representation (People v. Trait, 139 A.D.2d 937, lv denied 72 N.Y.2d 867; People v. Dietz, 79 A.D.2d 476, 480). Upon our review of the law and the circumstances of this case, we conclude that defendant received meaningful representation (see, People v. Rivera, 71 N.Y.2d 705, 708-709; People v. Baldi, supra; People v. Droz, 39 N.Y.2d 457, 462; People v. Trait, supra).

We likewise reject the contention of defendant in his pro se supplemental brief that reversal is required because sidebar conferences and a pretrial hearing were conducted in his absence. The record belies the contention that defendant was not present for that pretrial hearing. Additionally, defendant has failed to show that the sidebar conferences did not involve questions of law or procedure. Thus, he failed to show that his presence was required (see, People v. Rodriguez, 85 N.Y.2d 586, 590-591; see also, People v. Williams, 85 N.Y.2d 945; People v. Velasco, 77 N.Y.2d 469, 472).

We have reviewed the remaining contentions advanced by defendant, including those raised in his pro se supplemental brief, and we conclude that they are lacking in merit.


Summaries of

People v. Emerson

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 968 (N.Y. App. Div. 1996)
Case details for

People v. Emerson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM EMERSON…

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

Date published: Feb 2, 1996

Citations

224 A.D.2d 968 (N.Y. App. Div. 1996)
637 N.Y.S.2d 854