People v. Coleman

• Decision Date: 24 May 2001
• Citation: 283 A.D.2d 321,724 N.Y.S.2d 856
• Parties: (A.D. 1 Dept. 2001) The People of the State of New York, Respondent, v. William Coleman, Defendant-Appellant. 4252 : FIRST JUDICIAL DEPARTMENT
• Court: New York Supreme Court — Appellate Division

Page 856

724 N.Y.S.2d 856 (A.D. 1 Dept. 2001)

The People of the State of New York, Respondent, v. William Coleman, Defendant-Appellant.

4252

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT

May 24, 2001

Kimberly Morgan - for respondent,

Alexei Schacht - for defendant-appellant.

Judgment, Supreme Court, Bronx County (Daniel Sullivan, J. at jury trial and sentence; Gerald Sheindlin, J. at resentence) rendered December 9, 1997, as amended April 29, 1998, convicting defendant of murder in the second degree and two counts of attempted murder in the second degree, and sentencing him, as a second felony offender, to a term of 25 years to life concurrent with two concurrent terms of 12-1/2 years, respectively, unanimously affirmed.

The record establishes a valid waiver of defendant's right to be present at certain sidebar conferences with prospective jurors (see, People v Brown, 256 A.D.2d 92, lv denied 93 N.Y.2d 967). The waiver was stated by counsel in defendant's presence and after defendant had exercised his right to be present at previous sidebars.

Since defendant's ineffective assistance claim rests primarily on matters of trial strategy, it would require a CPL 440.10 motion in order to further develop the record. To the extent that the present record permits review, we conclude that defendant received meaningful representation People v Benevento, 91 N.Y.2d...