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People v. Kolb

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 1986
118 A.D.2d 659 (N.Y. App. Div. 1986)

Opinion

March 10, 1986

Appeal from the Supreme Court, Suffolk County (Stark, J.).


Orders affirmed.

The defendant seeks to vacate his conviction pursuant to CPL article 440 on the ground that he was allegedly denied the effective assistance of counsel. In particular, the defendant complains that (1) his attorney failed to present any testimony or evidence at a competency hearing pursuant to CPL article 730 held on November 2, 1978, (2) the attorney, at a pretrial Huntley hearing, failed to make an offer of proof or cite case law to support his view that a June 22, 1978, order finding the defendant unfit to stand trial on unrelated petit larceny charges was relevant to the issue of the voluntariness of a statement made by the defendant to the police following his arrest on September 13, 1978, (3) the attorney failed to request reconsideration of his motion to suppress after the trial court reluctantly admitted the psychiatric reports which underlay the June 22, 1978, order into evidence at the trial, and (4) the attorney failed to raise the issue of the involuntariness of the defendant's statement on the direct appeal from his conviction.

It is apparent from a review of the record that the defendant was provided with "meaningful representation", thus satisfying his constitutional right to the effective assistance of counsel (see, People v. Satterfield, 66 N.Y.2d 796; People v. Baldi, 54 N.Y.2d 137). Gibbons, J.P., Bracken, Weinstein and Niehoff, JJ., concur.


Summaries of

People v. Kolb

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 1986
118 A.D.2d 659 (N.Y. App. Div. 1986)
Case details for

People v. Kolb

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD KOLB, Appellant

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

Date published: Mar 10, 1986

Citations

118 A.D.2d 659 (N.Y. App. Div. 1986)

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