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People v. Walker

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 2003
2 A.D.3d 656 (N.Y. App. Div. 2003)

Opinion

2000-06871.

Decided December 15, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.), rendered June 29, 2000, convicting him of murder in the second degree and attempted murder in the second degree, upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.

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

Before: DANIEL F. LUCIANO, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he received the effective assistance of counsel ( see People v. Ramos, 282 A.D.2d 622; People v. Sinclair, 266 A.D.2d 482). A defendant is entitled to a fair trial, not a perfect one ( see People v. Benevento, 91 N.Y.2d 708, 712). Mere losing tactics are not to be confused with ineffectiveness, and to sustain a claim of ineffective assistance of trial counsel, proof of less than meaningful representation is required, rather than disagreement with counsel's strategies and tactics ( see People v. Benvento, supra; People v. Sinclair, supra, at 482).

The defendant's remaining contentions are without merit.

SMITH, J.P., McGINITY, LUCIANO and TOWNES, JJ., concur.


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 2003
2 A.D.3d 656 (N.Y. App. Div. 2003)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE, ETC., respondent, v. CLEVELAND WALKER, appellant

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

Date published: Dec 15, 2003

Citations

2 A.D.3d 656 (N.Y. App. Div. 2003)
768 N.Y.S.2d 376

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