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People v. Moffitt

Appellate Division of the Supreme Court of New York, Third Department
May 20, 1993
193 A.D.2d 957 (N.Y. App. Div. 1993)

Opinion

May 20, 1993

Appeal from the County Court of Warren County (Moynihan, Jr., J.).


Defendant contends that she was denied effective assistance of counsel and that the sentence of 1 1/2 to 4 1/2 years' imprisonment that she received upon her conviction was harsh and excessive. We find defendant's argument that defense counsel was ineffective because he failed to present certain character witnesses she had requested to be unsupported by the record. Such trial tactics do not constitute ineffective assistance of counsel (see, People v Brown, 166 A.D.2d 762). Further, given the nature of the crime and the fact that defendant did not receive the harshest possible sentence, we find no reason to disturb the sentence imposed by County Court (see, People v Rossi, 185 A.D.2d 401, lv denied 80 N.Y.2d 909).

Mikoll, J.P., Levine, Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Moffitt

Appellate Division of the Supreme Court of New York, Third Department
May 20, 1993
193 A.D.2d 957 (N.Y. App. Div. 1993)
Case details for

People v. Moffitt

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHERYL E. MOFFITT…

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

Date published: May 20, 1993

Citations

193 A.D.2d 957 (N.Y. App. Div. 1993)
598 N.Y.S.2d 1010

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