People v. Echavarria
Decision Date | 03 October 2008 |
Citation | 11 N.Y.3d 832,897 N.E.2d 1090 |
Parties | PEOPLE v. ECHAVARRIA. |
Court | New York Court of Appeals Court of Appeals |
Appeal from 3d Dept.: 53 A.D.3d 859, 861 N.Y.S.2d 510 (Clinton).
Application for leave to appeal Denied. (Pigott, J.)
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People v. Malcolm
... ... Most of defendant's assertions pertain to matters outside the record on appeal and the proper recourse is a CPL article 440 motion ( see People v. Smith, 63 A.D.3d 1301, 1304, 880 N.Y.S.2d 760 [2009], lv. denied 13 N.Y.3d 862, 891 N.Y.S.2d 697, 920 N.E.2d 102 [2009]; People v. Echavarria, 53 A.D.3d 859, 863-864, 861 N.Y.S.2d 510 [2008], lv. denied 11 N.Y.3d 832, 868 N.Y.S.2d 606, 897 N.E.2d 1090 [2008] ). Notwithstanding the remaining claimed deficiencies, counsel's vigorous representation of defendant is reflected by his appropriate motion practice, effective evidentiary ... ...
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... ... Manini, 79 N.Y.2d 561, 573, 584 N.Y.S.2d 282, 594 N.E.2d 563 [1992]; see People v. Echavarria, 53 A.D.3d 859, 861, 861 N.Y.S.2d 510 [2008], lv. denied 11 N.Y.3d 832, 868 N.Y.S.2d 606, 897 N.E.2d 1090 [2008]; People v. Garcia, 30 A.D.3d 833, 835, 817 N.Y.S.2d 723 [2006] ).As to the counts involving Matthews, she testified that defendant72 A.D.3d 1117paid her rent, utilities, a portion of her ... ...
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People v. Baber
... ... In view of the overwhelming proof of 182 A.D.3d 802 defendant's guilt, we find that any error in the admission of this testimony was harmless ( see id. ; People v. Echavarria, 53 A.D.3d 859, 863, 861 N.Y.S.2d 510 [2008], lv denied 11 N.Y.3d 832, 868 N.Y.S.2d 606, 897 N.E.2d 1090 [2008] ). County Court did not err in declining defendant's request for new assigned counsel due to a potential conflict of interest, and defendant was not denied the effective assistance of ... ...
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