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People v. Cummings

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 8, 2001
284 A.D.2d 907 (N.Y. App. Div. 2001)

Opinion

June 8, 2001.

(Appeal from Judgment of Oswego County Court, Hafner, Jr., J. — Burglary, 2nd Degree.)

PRESENT: PIGOTT, JR., P.J., WISNER, SCUDDER, KEHOE AND BURNS, JJ.


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment entered upon a jury verdict convicting him of burglary in the second degree (Penal Law § 140.25). We conclude that, despite deficiencies in the performance of defense counsel, defendant was not deprived of a fair trial by less than meaningful representation ( see, People v. Hobot, 84 N.Y.2d 1021, 1022). Defendant's contentions with respect to evidence of a subsequent unrelated home robbery committed by several prosecution witnesses and comments made by the prosecutor on summation are not preserved for our review ( see, CPL 470.05), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). Finally, we reject defendant's contention that County Court abused its discretion in refusing to adjourn sentencing to permit defendant's newly-retained counsel to bring a CPL 330.30 motion ( see, People v. Lee, 155 A.D.2d 556, lv denied 75 N.Y.2d 814).


Summaries of

People v. Cummings

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 8, 2001
284 A.D.2d 907 (N.Y. App. Div. 2001)
Case details for

People v. Cummings

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. MARCHAND…

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

Date published: Jun 8, 2001

Citations

284 A.D.2d 907 (N.Y. App. Div. 2001)
725 N.Y.S.2d 922

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