From Casetext: Smarter Legal Research

People v. Torres

Appellate Division of the Supreme Court of New York, Second Department
Aug 20, 1990
164 A.D.2d 923 (N.Y. App. Div. 1990)

Opinion

August 20, 1990

Appeal from the Supreme Court, Kings County (Feldman, J.).


Ordered that the judgment is affirmed.

We are satisfied that the defendant herein was provided with meaningful representation by trial counsel (see, People v Satterfield, 66 N.Y.2d 796; People v Sanchez, 148 A.D.2d 760). One should not confuse true ineffectiveness with mere losing tactics and should not accord undue significance to retrospective analysis (see, People v Baldi, 54 N.Y.2d 137, 146). A contention of ineffective assistance of trial counsel requires proof of less than meaningful representation rather than simple disagreement with strategies and tactics (see, People v Rivera, 71 N.Y.2d 705, 708-709) and a demonstration of actual prejudice (see, People v Sullivan, 153 A.D.2d 223). The defendant has failed to show that he received less than meaningful representation.

It is well established that the trial court has the discretion to order the pretrial release of the names and addresses of the People's witnesses (see, People v Lynch, 23 N.Y.2d 262, 271-272). The record herein fully supports the trial court's decision not to disclose the names and addresses of the prosecution's witnesses to the defendant some two months prior to the start of the trial, especially in view of the fact that the defendant had stated on several occasions that he had shot the victim because he was an informant.

The record also fully supports the trial court's determination to dismiss two prospective jurors who had informed the court that they would be unable to render a guilty verdict under any circumstances if the prosecution did not produce the murder weapon, despite the court's instruction that production of the weapon was not necessary to establish the crime (see, CPL 270.20 [b]; People v Torpey, 63 N.Y.2d 361). The record fails to support the defendant's contention that the People either withheld evidence or introduced false evidence.

Finally, under the circumstances of this case, we find that the sentence was neither harsh nor excessive (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Lawrence, Harwood and Balletta, JJ., concur.


Summaries of

People v. Torres

Appellate Division of the Supreme Court of New York, Second Department
Aug 20, 1990
164 A.D.2d 923 (N.Y. App. Div. 1990)
Case details for

People v. Torres

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LANCE TORRES, Appellant

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

Date published: Aug 20, 1990

Citations

164 A.D.2d 923 (N.Y. App. Div. 1990)
559 N.Y.S.2d 584

Citing Cases

People v. White

The defendant's sole contention on appeal is that the trial court committed reversible error by granting the…

People v. Scruggs

Moreover, upon the exercise of our factual review power, we find that the verdict of guilt was not against…