From Casetext: Smarter Legal Research

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Jul 28, 2009
64 A.D.3d 792 (N.Y. App. Div. 2009)

Opinion

No. 2005-02603.

July 28, 2009.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice, J.), rendered February 15, 2005, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

David L. Rich, White Plains, N.Y., for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel), for respondent.

Before: Prudenti, P.J., Miller, Covello and Austin, JJ., concur.


Ordered that the judgment is affirmed.

The defendant contends that he was denied his right to the effective assistance of counsel. In support of his contention, the defendant alleges that before he entered his plea of guilty, his attorney improperly advised him regarding how a period of incarceration in another state would affect his adjudication as a persistent violent felony offender. However, because the defendant's claim of ineffective assistance of counsel is based upon matter dehors the record, the defendant's claim is not properly before this Court on direct appeal ( see People v Maldonado, 61 AD3d 1220; People v James, 269 AD2d 845, 846; People v Juhans, 147 AD2d 658). The defendant's claim may properly be reviewed only in the context of a post-judgment motion to vacate pursuant to CPL article 440 ( see People v Maldonado, 61 AD3d at 1220; People v James, 269 AD2d at 846; People v Juhans, 147 AD2d at 658; see also People v Harris, 109 AD2d 351, 360; CPL 440.10 [h]).


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Jul 28, 2009
64 A.D.3d 792 (N.Y. App. Div. 2009)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRIN JOHNSON…

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

Date published: Jul 28, 2009

Citations

64 A.D.3d 792 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 6037
882 N.Y.S.2d 706

Citing Cases

People v. Franklin

Ordered that the judgment is affirmed. The defendant's contention that he is entitled to a new trial in light…

People v. Singh

The defendant's contention that he was deprived of a fair trial by certain alleged prosecutorial misconduct…