People v. Myers
| Decision Date | 02 October 1995 |
| Citation | 220 A.D.2d 461,632 N.Y.S.2d 27 |
| Parties | The PEOPLE, etc., Respondent, v. Kenneth MYERS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Daniel L. Greenberg, New York City (Damon Preston, of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn (Roseann B. MacKechnie, Joyce Slevin, and Stephen D. Kong, of counsel), for respondent.
Before MILLER, J.P., and ALTMAN, GOLDSTEIN and FLORIO, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered March 1, 1994, convicting him of burglary in the second degree and criminal mischief in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that he was denied the effective assistance of counsel at trial. However, to prevail on a claim of ineffective assistance of counsel, the defendant must overcome the strong presumption that defense counsel rendered effective assistance (see, People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400; People v. Cuesta, 177 A.D.2d 639, 576 N.Y.S.2d 342; People v. Douglas, 178 A.D.2d 651, 578 N.Y.S.2d 222). After a review of the record in its entirety and without giving undue significance to retrospective analysis, we are satisfied that the defendant received the effective assistance of counsel (see, People v. Mercedes, 182 A.D.2d 778, 582 N.Y.S.2d 773; People v. Greene, 160 A.D.2d 726, 554 N.Y.S.2d 50).
We have considered the defendant's remaining contentions and find that they do not require reversal.
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...a defendant must overcome the strong presumption that defense counsel rendered effective assistance (see People v. Myers, 220 A.D.2d 461, 632 N.Y.S.2d 27 [2d Dept 1995] ; People v. Finch, 199 A.D.2d 278, 604 N.Y.S.2d 222 [2d Dept 1993] ). Indeed, “[w]hat constitutes effective assistance is ......
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...lv denied96 N.Y.2d 916 [2001]citing People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400 [NY 1981]; People v. Myers, 220 A.D.2d 461, 632 N.Y.S.2d 27 [2nd Dept 1995] lv denied87 N.Y.2d 905 [1995] ).The Federal Standard for Determining Ineffective Assistance of Counsel In Strickla......
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People v. Antoine, 2009 NY Slip Op 31487(U) (N.Y. Sup. Ct. 5/21/2009)
...counsel rendered effective assistance. People v. Louissant, 8 A.D.3d 407 (2d Dept.), lv. denied, 3 N.Y.3d 677 (2004); People v. Myers, 220 A.D.2d 461 (2d Dept.), lv. denied, 87 N.Y.2d 905 (1995); People v. Finch, 199 A.D.2d 278 (2d Dept. 1993), lv. denied, 83 N.Y.2d 804 In this case, the de......
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People v. McDay, 2008 NY Slip Op 32413(U) (N.Y. Sup. Ct. 6/16/2008), 0000148/2003
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