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People v. Simpson

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 1986
118 A.D.2d 741 (N.Y. App. Div. 1986)

Opinion

March 17, 1986

Appeal from the Supreme Court, Queens County (Gallagher, J.).


Judgment affirmed.

The defendant contends that it was error for the court to allow him to be cross-examined as to underlying charges which were dismissed when he pleaded guilty to possession of burglar's tools in 1980. This argument has no merit since a dismissal of underlying charges in connection with a guilty plea is not a dismissal on the merits which would preclude cross-examination as to those underlying charges (see, People v. Alberti, 77 A.D.2d 602, lv denied 51 N.Y.2d 728, cert denied 449 U.S. 1018).

We find no support in the record for the defendant's contention that he failed to receive meaningful assistance of counsel (see, People v. Baldi, 54 N.Y.2d 137, 147). The statement which the defendant made to the police which was admitted in evidence by stipulation of defense counsel was exculpatory and clearly voluntary.

The defendant's other contentions are either unpreserved or without merit. Gibbons, J.P., Bracken, Weinstein and Niehoff, JJ., concur.


Summaries of

People v. Simpson

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 1986
118 A.D.2d 741 (N.Y. App. Div. 1986)
Case details for

People v. Simpson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL SIMPSON, Appellant

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

Date published: Mar 17, 1986

Citations

118 A.D.2d 741 (N.Y. App. Div. 1986)

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