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People v. Potter

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2001
288 A.D.2d 330 (N.Y. App. Div. 2001)

Opinion

Submitted October 19, 2001.

November 13, 2001.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered April 20, 1999, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

Salvatore C. Adamo, Patchogue, N.Y., for appellant.

James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (Guy Arcidiacono of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.


ORDERED that the judgment is affirmed.

The defendant's contention that the Supreme Court erred in failing to make a further inquiry into the circumstances surrounding his post-plea arrest is unpreserved for appellate review (see, CPL 470.05; People v. Mackey, 77 N.Y.2d 846; People v. Scott, 275 A.D.2d 723; People v. Miles, 268 A.D.2d 489). In any event, the contention is without merit (see, People v. Outley, 80 N.Y.2d 702).

The defendant was not denied the effective assistance of counsel (see, People v. Modica, 64 N.Y.2d 828; People v. Orengo, 286 A.D.2d 344 [2d Dept., Aug. 6, 2001]; People v. Mobley, 221 A.D.2d 376).

SANTUCCI, J.P., S. MILLER, LUCIANO and SMITH, JJ., concur.


Summaries of

People v. Potter

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2001
288 A.D.2d 330 (N.Y. App. Div. 2001)
Case details for

People v. Potter

Case Details

Full title:THE PEOPLE, ETC., respondent, v. DAVID POTTER, appellant

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

Date published: Nov 13, 2001

Citations

288 A.D.2d 330 (N.Y. App. Div. 2001)
732 N.Y.S.2d 586

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