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People v. Kimbrough

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 4, 1985
112 A.D.2d 31 (N.Y. App. Div. 1985)

Opinion

June 4, 1985

Appeal from the Supreme Court, Onondaga County, Gorman, J.

Present — Dillon, P.J., Doerr, Denman, Boomer and Schnepp, JJ.


Judgment unanimously affirmed. Memorandum: The alleged instances of ineffective assistance of counsel cited by defendant involve trial strategy, and it appears from our review of the record that defendant received meaningful representation by his counsel at the trial and at the pretrial hearings (see, People v Lane, 60 N.Y.2d 748; People v. Baldi, 54 N.Y.2d 137, 147; see also, Strickland v. Washington, 466 U.S. 668, reh denied ___ US ___, 104 S Ct 3562). Moreover, the prosecutor's failure to release Rosario material (People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866), as required under CPL 240.45, constituted harmless error since the police report in question was essentially duplicative of material already in defendant's possession (see, People v. Payne, 52 N.Y.2d 743, 745). We have examined the other issues raised by defendant and find them to be without merit.


Summaries of

People v. Kimbrough

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 4, 1985
112 A.D.2d 31 (N.Y. App. Div. 1985)
Case details for

People v. Kimbrough

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE KIMBROUGH, Also…

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

Date published: Jun 4, 1985

Citations

112 A.D.2d 31 (N.Y. App. Div. 1985)