People v. Harris

3 Citing cases

  1. People v. Crone

    251 A.D.2d 889 (N.Y. App. Div. 1998)

    ns does not alone mandate the conclusion that counsel was unprepared or ineffective ( see, People v. Balzer, 155 A.D.2d 733, 734, lv denied 75 N.Y.2d 810). The record reveals, that the Public Defender who represented defendant throughout the majority of the proceedings was fully familiar with the case, filed an omnibus motion requesting discovery and several preliminary hearings, and negotiated a plea bargain that was extremely favorable in light of the severity of the crimes charged, defendant's lengthy criminal history and his status as a second felony offender ( see, People v. Brown, 233 A.D.2d 764, 767, lv denied 89 N.Y.2d 1009; People v. Mackey, 175 A.D.2d 346, 349, lv denied 78 N.Y.2d 969). Further, defendant failed to demonstrate prejudice resulting from counsel's alleged failures and specifically expressed his satisfaction with the representation he received when he pleaded guilty. Under these circumstances, we find that defendant was afforded meaningful. representation ( see, People v. Harris, 235 A.D.2d 941; People v. Rafter, 234 A.D.2d 711, lv denied 89 N.Y.2d 1014; People v. St. John, 163 A.D.2d 687, lv denied 76 N.Y.2d 944). Cardona, P. J., White, Peters and Carpinello, JJ., concur.

  2. People v. Smith

    241 A.D.2d 578 (N.Y. App. Div. 1997)

    Moreover, during the plea allocution defendant did not indicate any dissatisfaction with the turnover of counsel or with his current counsel, and denied being threatened, forced or coerced into pleading guilty. In our view, the advantageous plea, combined with the lack of record evidence which would cast doubt on the apparent effectiveness of counsel, convinces us that the assistance rendered was meaningful (see, People v. Harris, 235 A.D.2d 941; People v. Torres, 227 A.D.2d 716, lvs denied 88 N.Y.2d 995, 996). Accordingly, we find no basis upon which to vacate the conviction.

  3. People v. Feliciano

    240 A.D.2d 903 (N.Y. App. Div. 1997)   Cited 7 times

    While defendant asserts that defense counsel should not have advised him to plead guilty but should have pursued the agency defense to the charges of sale of a controlled substance, we do not find that defense counsel's strategy amounts to ineffective assistance given defendant's admission to selling the drugs "as a favor" for his employer and his potential exposure to a much lengthier prison sentence if convicted after trial. Based upon our review of the record, we find that defendant was afforded meaningful representation (see, People v. Comer, supra, at 658; People v. Bass, 235 A.D.2d 651; People v. Harris, 235 A.D.2d 941). Defendant's remaining arguments have been examined and found to be without merit or unpreserved for appellate review.