People v. Langhorne
| Citation | 576 N.Y.S.2d 1016,177 A.D.2d 713 |
| Parties | The PEOPLE, etc., Respondent, v. John LANGHORNE, Appellant. |
| Decision Date | 25 November 1991 |
| Court | New York Supreme Court Appellate Division |
Gary W. Gramer, Coram, for appellant. James M. Catterson, Jr., Dist. Atty., Riverhead (Kerriann Kelly, of counsel; Christopher Clayton, on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Rohl, J.), rendered March 2, 1990, convicting him of criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. The defendant's claim that he was not afforded the effective assistance of trial counsel is based upon matters which are dehors the record and, thus, that claim is not reviewable on direct appeal (see, People v. Navedo, 137 A.D.2d 726, 524 N.Y.S.2d 810). The appropriate remedy is a postconviction motion pursuant to CPL 440.10, provided the statutory requirements are met (CPL 440.30). Insofar as we are able to review the ineffective assistance of counsel claim, we find that the defense counsel's performance met the standard of meaningful representation (see, People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400). The defendant's counsel was responsible for negotiating an extremely advantageous plea bargain, substantially limiting the defendant's exposure to imprisonment (see, People v. Navedo, supra; People v. Nicholls, 157 A.D.2d 1004, 1005, 550 N.Y.S.2d 484).
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...the record and thus are not reviewable on direct appeal (see, People v. Yancy, 189 A.D.2d 793, 592 N.Y.S.2d 279; People v. Langhorne, 177 A.D.2d 713, 576 N.Y.S.2d 1016; see also, People v. Rivera, 71 N.Y.2d 705, 530 N.Y.S.2d 52, 525 N.E.2d 698; People v. Brown, 45 N.Y.2d 852, 410 N.Y.S.2d 2......
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...610 N.Y.S.2d 165 82 N.Y.2d 898, 632 N.E.2d 475 People v. Langhorne (John) Court of Appeals of New York Dec 24, 1993 Hancock, J. 177 A.D.2d 713, 576 N.Y.S.2d 1016 App.Div. 2, Suffolk Denied. ...