People v. Boyd

Decision Date17 November 1997
Citation244 A.D.2d 497,664 N.Y.S.2d 335
Parties, 1997 N.Y. Slip Op. 9659 The PEOPLE, etc., Respondent, v. Shawn BOYD, Appellant.
CourtNew York Supreme Court — Appellate Division

Scheurer Wiggin & Hardy, New York City (Michael A. Hardy, of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Robin A. Forshaw, and Ellen C. Abbot, of counsel), for respondent.

Before ROSENBLATT, J.P., and COPERTINO, GOLDSTEIN and LUCIANO, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered July 2, 1990, convicting him of attempted murder in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that his arrest was not based upon probable cause because the reliability of the confidential informant was not proven at the suppression hearing (see, CPL § 470.05[2]; People v. Volpe, 60 N.Y.2d 803, 804-805, 469 N.Y.S.2d 688, 457 N.E.2d 794; People v. Jones, 81 A.D.2d 22, 29, 440 N.Y.S.2d 248; see also, People v. Brown, 232 A.D.2d 168, 647 N.Y.S.2d 749; People v. Howard, 162 A.D.2d 408, 409, 557 N.Y.S.2d 61). In any event, the defendant's contention is without merit. Probable cause for the defendant's arrest was established by the photographic identification of him by the complainant as well as the statements of the informant (see, People v. Nixon, 240 A.D.2d 764, 660 N.Y.S.2d 1006; People v. Hayes, 191 A.D.2d 644, 644-645, 595 N.Y.S.2d 239; People v. Mitchell, 170 A.D.2d 542, 566 N.Y.S.2d 321; People v. Green, 157 A.D.2d 745, 746, 550 N.Y.S.2d 41).

The defendant's claim of ineffective assistance of counsel, to the extent that it is premised on his attorney's alleged failure to investigate and call potential alibi witnesses, involves matters which are dehors the record and are not properly presented on direct appeal (see, e.g., People v. Lebrun, 234 A.D.2d 392, 651 N.Y.S.2d 544; People v. Simon, 196 A.D.2d 851, 852, 602 N.Y.S.2d 29; People v. Bagarozy, 182 A.D.2d 565, 566, 582 N.Y.S.2d 424; People v. Clark, 175 A.D.2d 212, 573 N.Y.S.2d 906; People v. Williams, 145 A.D.2d 672, 673, 536 N.Y.S.2d 994). The record otherwise fails to support the defendant's claim inasmuch as it demonstrates that trial counsel rendered meaningful representation to the defendant at all stages of the proceedings (see, People v. Ellis, 81 N.Y.2d 854, 856, 597 N.Y.S.2d 623, 613 N.E.2d 529; People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400).

The trial court properly denied the defendant's motion to set aside the verdict pursuant to CPL § 330.30. To the extent that the defendant's...

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  • People v. Thompson
    • United States
    • New York Supreme Court
    • June 10, 1998
    ...A.D.2d 565, 566, 582 N.Y.S.2d 424). Matters outside the "record" are not properly raised on a CPL 330.30(1) motion (People v. Boyd, 244 A.D.2d 497, 664 N.Y.S.2d 335, 336; People v. Grossfeld, 216 A.D.2d 319, 320-321, 628 N.Y.S.2d 331; People v. Hernandez, 210 A.D.2d 535, 536, 619 N.Y.S.2d 8......
  • Powers v. Lord
    • United States
    • U.S. District Court — Western District of New York
    • November 2, 2006
    ...and was more properly the subject of a C.P.L. § 440.10 motion to vacate the conviction rather than a direct appeal); People v. Boyd, 244 A.D.2d 497, 664 N.Y.S.2d 336 (1997) (holding that defendant's claim of ineffective assistance of counsel, to extent that it was premised on his attorney's......
  • People v. Tisdale
    • United States
    • New York Supreme Court — Appellate Division
    • February 21, 2013
    ...253 A.D.2d 886, 886, 678 N.Y.S.2d 514 [1998],lv. denied92 N.Y.2d 1028, 684 N.Y.S.2d 493, 707 N.E.2d 448 [1998];People v. Boyd, 244 A.D.2d 497, 497, 664 N.Y.S.2d 335 [1997],lv. denied93 N.Y.2d 850, 688 N.Y.S.2d 498, 710 N.E.2d 1097 [1999] ). Nor were the People required to give defendant pre......
  • People v. Hernandez
    • United States
    • New York Supreme Court — Appellate Division
    • June 1, 2010
    ...appeal ( see People v. Haynes, 39 A.D.3d 562, 833 N.Y.S.2d 193; People v. Zimmerman, 309 A.D.2d 824, 765 N.Y.S.2d 524; People v. Boyd, 244 A.D.2d 497, 664 N.Y.S.2d 335). Moreover, the record indicates that defense counsel's decision not to present evidence about a codefendant's arrest and p......
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