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People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 662 (N.Y. App. Div. 1991)

Opinion

January 31, 1991

Appeal from the Supreme Court, New York County (James J. Leff, J.).


Defendant has failed to demonstrate that trial counsel provided ineffective assistance of counsel. The failure to request a Mapp hearing in itself, does not constitute ineffectiveness (People v Rivera, 71 N.Y.2d 705, 709), and given defendant's trial testimony that he had not been in the premises from which the weapons were recovered, we can only conclude that defendant lacked the requisite standing to move for suppression. The further claim, that trial counsel failed to object to testimony with respect to uncharged crimes, is without support in the record.

As defendant denied shooting the complainant, the trial court's failure to charge justification was not error, since no view of the evidence could support such a charge. (Cf., People v Padgett, 60 N.Y.2d 142.) Indeed, trial counsel opposed any suggestion that a justification charge be given.

The evidence was legally sufficient. We find no reason to disturb the jury's determinations as to credibility (People v Mosley, 112 A.D.2d 812, affd 67 N.Y.2d 985). We find no abuse of discretion in the sentence imposed and defendant's pro se claim of prosecutorial misconduct, to the extent preserved, is without merit.

Concur — Ross, J.P., Milonas, Rosenberger, Asch and Kassal, JJ.


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 662 (N.Y. App. Div. 1991)
Case details for

People v. Gonzalez

Case Details

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

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

Date published: Jan 31, 1991

Citations

169 A.D.2d 662 (N.Y. App. Div. 1991)
565 N.Y.S.2d 43