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People v. Helm

Court of Appeals of the State of New York
Oct 16, 1980
51 N.Y.2d 853 (N.Y. 1980)

Opinion

Argued September 10, 1980

Decided October 16, 1980

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN J. CLYNE, J.

F. Stanton Ackerman for appellant.

Sol Greenberg, District Attorney (George H. Barber and F. Patrick Jeffers of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The notice given orally and in writing to defendant's assigned counsel sufficiently complied with the State's statutory obligation under CPL 190.50 (subd 5). Counsel having discussed with defendant the matter of appearance before the Grand Jury in relation to the superseding indictment and having advised against it, as defendant conceded, there was at most a misunderstanding between them. Such being the case, it cannot be said that assigned counsel acted ineffectively in informing the Assistant District Attorney that defendant would not appear.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed in a memorandum.


Summaries of

People v. Helm

Court of Appeals of the State of New York
Oct 16, 1980
51 N.Y.2d 853 (N.Y. 1980)
Case details for

People v. Helm

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT E. HELM…

Court:Court of Appeals of the State of New York

Date published: Oct 16, 1980

Citations

51 N.Y.2d 853 (N.Y. 1980)
433 N.Y.S.2d 757
413 N.E.2d 1172

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