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People v. Byrd

Appellate Division of the Supreme Court of New York, First Department
May 6, 1997
239 A.D.2d 162 (N.Y. App. Div. 1997)

Opinion

May 6, 1997

Appeal from the Supreme Court, New York County (Renee White, J.).


The trial court properly denied, without a hearing, defendant's motion to vacate the judgment, since the motion could be determined on the trial record taken together with defendant's submissions on the motion ( People v. Satterfield, 66 N.Y.2d 796, 799). The record, viewed in its entirety, indicates that defendant received effective assistance of counsel ( People v. Baldi, 54 N.Y.2d 137), notwithstanding that defendant's counsel did not preserve defendant's right to testify before the Grand Jury ( People v. Taylor, 165 A.D.2d 800). Further, the alleged new evidence defendant claims should have been unearthed by trial counsel would have constituted collateral impeachment information which, in light of the evidence against defendant, would not have affected the jury's verdict ( People v. Hobot, 84 N.Y.2d 1021; People v. Alicea, 229 A.D.2d 80).

We have reviewed defendant's additional claims, including those contained in his pro se supplemental brief, and find them to be without merit.

Concur — Rosenberger, J.P., Ellerin, Rubin, Tom and Andrias, JJ.


Summaries of

People v. Byrd

Appellate Division of the Supreme Court of New York, First Department
May 6, 1997
239 A.D.2d 162 (N.Y. App. Div. 1997)
Case details for

People v. Byrd

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY BYRD, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 6, 1997

Citations

239 A.D.2d 162 (N.Y. App. Div. 1997)
657 N.Y.S.2d 896

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