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People v. Porter

Appellate Division of the Supreme Court of New York, Second Department
Jan 20, 2004
3 A.D.3d 543 (N.Y. App. Div. 2004)

Opinion

2002-03369.

Decided January 20, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered April 3, 2002, convicting him of robbery in the third degree, assault in the third degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Laura R. Johnson, New York, N.Y. (Jeffrey Dellheim of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel), for respondent.

Before: THOMAS A. ADAMS and STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defense counsel's failure to request, indeed, his waiver of a Sandoval ruling ( People v. Sandoval, 34 N.Y.2d 371), with the defendant's consent on the record, did not deny the defendant the effective assistance of counsel ( see People v. Henderson, 265 A.D.2d 573; People v. Knox, 134 A.D.2d 704, 705; People v. Durham, 225 A.D.2d 960, 961). Where, as here, "the evidence, the law, and the circumstances of [the] case, viewed in totality and as of the time of the representation, reveal that the attorney provided meanin[g]ful representation," the constitutional requirement of effective assistance of counsel is satisfied ( People v. Baldi, 54 N.Y.2d 137, 147).

SANTUCCI, J.P., SCHMIDT, ADAMS and CRANE, JJ., concur.


Summaries of

People v. Porter

Appellate Division of the Supreme Court of New York, Second Department
Jan 20, 2004
3 A.D.3d 543 (N.Y. App. Div. 2004)
Case details for

People v. Porter

Case Details

Full title:THE PEOPLE, ETC., respondent, v. DERRICK PORTER, appellant

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

Date published: Jan 20, 2004

Citations

3 A.D.3d 543 (N.Y. App. Div. 2004)
770 N.Y.S.2d 631