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People v. McClain

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 2000
277 A.D.2d 251 (N.Y. App. Div. 2000)

Opinion

Submitted October 10, 2000.

November 6, 2000.

Appeal by the defendant from a judgment of the County Court, Westchester County (West, J.), rendered July 22, 1999, convicting him of attempted promoting prison contraband in the first degree, upon his plea of guilty, and imposing sentence.

Stephen J. Pittari, White Plains, N.Y. (Jacqueline F. Oliva of counsel), for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Matthew E. B. Brotmann and Robert K. Sauer of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant was properly adjudicated a second felony offender based upon his previous felony conviction in 1991. Furthermore, under all of the circumstances, there is no merit to the defendant's assertion that he was deprived of the effective assistance of counsel in the 1991 case (see, e.g., People v. Silverio-Mercedes, 239 A.D.2d 923).

The defendant's remaining contentions are without merit.


Summaries of

People v. McClain

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 2000
277 A.D.2d 251 (N.Y. App. Div. 2000)
Case details for

People v. McClain

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. MAURICE McCLAIN, APPELLANT. (IND. NO…

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

Date published: Nov 6, 2000

Citations

277 A.D.2d 251 (N.Y. App. Div. 2000)
716 N.Y.S.2d 320