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PEOPLE v. LI

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 2001
280 A.D.2d 623 (N.Y. App. Div. 2001)

Opinion

Argued January 23, 2001

February 20, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered February 18, 1 999, convicting him of burglary in the second degree, petit larceny, criminal mischief in the fourth degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Tonya Plank of counsel), for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, Michelle L. Blackman and Cornelius Redmond of counsel; Nora A. Colangelo on the brief), for respondent.

Before: RITTER, J.P., ALTMAN, FRIEDMANN and SMITH, JJ., concur.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not decline to rule on whether the People could cross-examine him regarding his statement to a police officer that he was on parole. The trial court specifically ruled that the People could cross-examine the defendant as to that statement.

The defendant received the effective assistance of trial counsel (see, People v. Sinclair, 266 A.D.2d 48 2). "Mere losing tactics are not to be confused with ineffectiveness, and to sustain a claim of ineffective assistance of trial counsel, proof of less than meaningful representation is required rather than disagreement with counsel's strategies and tactics" (People v. Sinclair, supra).


Summaries of

PEOPLE v. LI

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 2001
280 A.D.2d 623 (N.Y. App. Div. 2001)
Case details for

PEOPLE v. LI

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. TAO LI, APPELLANT. (Ind. No. 1603/98)

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

Date published: Feb 20, 2001

Citations

280 A.D.2d 623 (N.Y. App. Div. 2001)
720 N.Y.S.2d 822

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