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People v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1133 (N.Y. App. Div. 1998)

Opinion

December 31, 1998

Appeal from Judgment of Oneida County Court, Dwyer, J. — Assault, 1st Degree.


Judgment unanimously affirmed. Memorandum: Defendant was convicted following a jury trial of assault in the first degree (Penal Law § 120.10 [31). We reject the contention of defendant that he was denied effective assistance of counsel. Defense counsel made an omnibus motion requesting various hearings and discovery material, delivered effective opening and closing statements, adequately cross-examined witnesses, and made appropriate objections to testimony. Defense counsel pursued a viable defense strategy and requested that County Court charge lesser included offenses. Based on the record as a whole, we conclude that defense counsel provided meaningful representation ( see, People v. Flores, 84 N.Y.2d 184, 187; People v. Baldi, 54 N.Y.2d 137, 147).

Present — Denman, P. J., Hayes, Balio, Boehm and Fallon, JJ.


Summaries of

People v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1133 (N.Y. App. Div. 1998)
Case details for

People v. Kelly

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEL JUAN KELLY…

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

Date published: Dec 31, 1998

Citations

256 A.D.2d 1133 (N.Y. App. Div. 1998)
684 N.Y.S.2d 715