People v. Moragne
| Decision Date | 08 November 1996 |
| Citation | 233 A.D.2d 873,649 N.Y.S.2d 858 |
| Parties | PEOPLE of the State of New York, Respondent, v. Michael MORAGNE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
John Batt, North Tonawanda, for Appellant.
Matthew J. Murphy, III by Thomas Brandt, Lockport, for Respondent.
Defendant appeals from a judgment convicting him, following a jury trial, of robbery in the first degree, robbery in the second degree and assault in the first degree. The conviction stems from the armed holdup of a crack cocaine seller who was shot in the back as he attempted to flee. Because defendant failed to make a timely motion to dismiss either the original or superseding indictment, he has waived any challenge to the indictment based on the People's failure to afford him an opportunity to appear and testify before the Grand Jury (see, CPL 190.50[5][c]; People v. Sumpter, 178 A.D.2d 973, 579 N.Y.S.2d 770, lv. denied 80 N.Y.2d 896, 587 N.Y.S.2d 927, 600 N.E.2d 654). The failure of defendant's attorney to make a CPL 190.50(5)(c) motion alone is insufficient to demonstrate that defendant was denied "meaningful representation" (People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400; see, People v. Brown, 184 A.D.2d 856, 857, 585 N.Y.S.2d 106, lv. denied 80 N.Y.2d 927, 589 N.Y.S.2d 855, 603 N.E.2d 960). Furthermore, we note that County Court granted defendant's request to appoint a new attorney. That attorney made appropriate pretrial motions and represented defendant at the pretrial hearings and at trial. No objection has been raised concerning that attorney. Considering defendant's extensive prior criminal history and the seriousness of this incident, which left a 15-year-old boy paralyzed from the waist down, the sentence is not unduly harsh or severe.
Judgment unanimously affirmed. (Appeal from Judgment of Niagara County Court, Hannigan, J.--Robbery, 1st Degree.)
To continue reading
Request your trial