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People v. Madison

Appellate Division of the Supreme Court of New York, First Department
Mar 2, 1999
259 A.D.2d 270 (N.Y. App. Div. 1999)

Opinion

March 2, 1999

Appeal from the Supreme Court, New York County (Brenda Soloff, J., on motion to dismiss; Nicholas Figueroa, J., at jury trial and sentence).


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility and identification.

Defendant was not entitled to a hearing on his claim, made in a motion to dismiss the indictment pursuant to CPL 190.50 (5) (c), that he received ineffective assistance of counsel at the Grand Jury stage of the proceedings. Even if credited, defendant's claim that his original attorney failed to effectuate defendant's alleged desire to testify before the Grand Jury would not be sufficient to establish ineffective assistance ( People v. Wiggins, 89 N.Y.2d 872; People v. Bundy, 186 A.D.2d 357, lv denied 81 N.Y.2d 837).

Concur — Sullivan, J. P., Ellerin, Williams and Tom, JJ.


Summaries of

People v. Madison

Appellate Division of the Supreme Court of New York, First Department
Mar 2, 1999
259 A.D.2d 270 (N.Y. App. Div. 1999)
Case details for

People v. Madison

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRELL MADISON, Also…

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

Date published: Mar 2, 1999

Citations

259 A.D.2d 270 (N.Y. App. Div. 1999)
686 N.Y.S.2d 388

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