People v. Mott

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAINE MOTT, Appellant

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

Date published: Mar 13, 1992

181 A.D.2d 1016 (N.Y. App. Div. 1992)

581 N.Y.S.2d 507

Opinion

March 13, 1992

Appeal from the Cattaraugus County Court, Kelly, J.

Present — Denman, P.J., Callahan, Green, Pine and Balio, JJ.

Judgment unanimously affirmed. Memorandum: We conclude that defendant's conviction for burglary in the second degree (Penal Law § 140.25) is supported by sufficient evidence and is not against the weight of the evidence. Defendant's contention that he was denied effective assistance of counsel because of counsel's failure to explore an insanity defense is not demonstrable on this record and would more appropriately be raised by means of a postconviction proceeding under CPL 440.10 (see, People v Brown, 45 N.Y.2d 852).

We have reviewed defendant's remaining contentions and find them to be without merit.