People v. Proctor

• Decision Date: 07 October 1991
• Parties: The PEOPLE, etc., Respondent, v. Patrick PROCTOR, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 1008

574 N.Y.S.2d 1008

176 A.D.2d 765

The PEOPLE, etc., Respondent, v. Patrick PROCTOR, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

October 7, 1991

Matthew Muraskin, Hempstead (Kent V. Moston and Alfred O'Connor, of counsel), for appellant. Denis Dillon, Dist. Atty., Mineola (Bruce E. Whitney and Alexis Kriedman, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Nassau County (Baker, J.), rendered April 25, 1989, convicting him of robbery in the first degree (two counts) and burglary in the first degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. The defendant's contentions with respect to his adjudication as a persistent felony offender are unpreserved for appellate review and we decline to review them in the exercise our interest of justice jurisdiction under the circumstances presented (see, People v. Martin, 167 A.D.2d 428, 429, 561 N.Y.S.2d 834; People v. Sullivan, 153 A.D.2d 223, 233, 550 N.Y.S.2d 358). Upon a review of the record, we find that the defendant was not deprived of the effective assistance of trial counsel (see, People v. Satterfield, 66 N.Y.2d 796, 497 N.Y.S.2d 903, 488 N.E.2d 834; People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400; People v. Martin, supra ).

BRACKEN, J.P., and SULLIVAN, ROSENBLATT and O'BRIEN, JJ., concur.