People v. Leffler, 13 A.D.3d 164 (N.Y. App. Div. 1st Dep't 2004). · Go Syfert
People v. Leffler, 13 A.D.3d 164 (N.Y. App. Div. 1st Dep't 2004). Cases Citing This Book View Copy Cite
19 citation events (19 in the last 25 years) across 2 distinct courts.
Cited for
At page 165 Analyzing counsel's strategic decisions regarding accomplice charges7 citing cases“Defendant’s remaining contentions are unpreserved and we decline to review them in the interest of justice.”the opinion's own words at *165 · 6 listed here
  • People v. Smith, 237 A.D.3d 1367 (N.Y. App. Div. 3d Dep't 2025).published 3 cites
    Assuming, without deciding, that there was no strategic purpose for counsel's actions, it cannot be said that defendant would have derived a benefit from the accomplice as a matter of law charge, as there was substantial corroboration for…
  • People v. Roche, 231 A.D.3d 1531 (N.Y. App. Div. 4th Dep't 2024).published
    Consequently, we reject defendant's related contention that defense counsel was ineffective for failing to request such an instruction ( see People v Clarke , 101 AD3d 1646 , 1647 [4th Dept 2012], lv denied 20 NY3d 1097 [2013]; see also Pe…
  • People v. Thorpe, 141 A.D.3d 927 (N.Y. App. Div. 3d Dep't 2016).published
    Moreover, defendant would not have derived a benefit from an accomplice charge, as there was considerable corroboration of Dingman’s testimony (see People v Clarke, 101 AD3d 1646 , 1647 [2012], lv denied 20 NY3d 1097 [2013]; People v Leffl…
  • People v. Clarke, 101 A.D.3d 1646 (N.Y. App. Div. 4th Dep't 2012).published 4 cites
    Even assuming, arguendo, that an accomplice charge was warranted (see generally People v Caban, 5 NY3d 143, 152-153 [2005]), we conclude that “there was substantial corroboration for the accomplice testimony, and defendant would have deriv…
  • People v. Man, 90 A.D.3d 562 (N.Y. App. Div. 1st Dep't 2011).published
    Reasonable strategic concerns would support counsel’s decision to forgo certain jury instructions (see People v Lane, 60 NY2d 748, 750 [1983]; People v Leffler, 13 AD3d 164, 165 [2004], lv denied 4 NY3d 800 [2005]).
  • People v. Hines, 24 A.D.3d 964 (N.Y. App. Div. 3d Dep't 2005).published 3 cites
    Defendant concedes that the issue is unpreserved with respect to Hines, and counsel specifically requested that the court not give the charge with respect to King (see People v Leffler, 13 AD3d 164, 164-165 [2004], lv denied 4 NY3d 800 [20…
At page 164 Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered January 9, 2004, convicting defendant, after a jury trial, of conspiracy in the fifth…2 citing casesopening of page *164 (no citing court says what it cites this page for)
  • People v. Harris, 203 A.D.3d 1320 (N.Y. App. Div. 3d Dep't 2022).published
    People v Porter , 82 AD3d 1412, 1416 [2011], lv denied 16 NY3d 898 [2011]; People v Smith-Merced , 50 AD3d 259, 259 [2008], lv denied 10 NY3d 939 [2008]; People v Leffler , 13 AD3d 164, 164-165 [2004], lv denied 4 NY3d 800 [2005]).
  • People v. Hines, 24 A.D.3d 964 (N.Y. App. Div. 3d Dep't 2005).published 3 cites
    Defendant concedes that the issue is unpreserved with respect to Hines, and counsel specifically requested that the court not give the charge with respect to King (see People v Leffler, 13 AD3d 164, 164-165 [2004], lv denied 4 NY3d 800 [20…
786 N.Y.S.2d at 475 noting that de *166 fendant received conditional discharge for misdemeanor convictions1 citing case1 citing court put it this way
  • United States v. Raul Ramirez, 421 F.3d 159 (2d Cir. 2005).published
    (noting that de *166 fendant received conditional discharge for misdemeanor convictions)
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Sheldon Leffler
Appellate Division of the Supreme Court of the State of New York.
Dec 14, 2004.
Published opinion
13 A.D.3d 164
2004 N.Y. App. Div. LEXIS 15122
Cited by 252 opinions  |  Published

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered January 9, 2004, convicting defendant, after a jury trial, of conspiracy in the fifth degree, attempted grand larceny in the third degree, offering a false instrument for filing in the first degree (three counts), attempted defrauding the government, and furnishing false or fictitious evidence in violation of Administrative Code of the City of New York § 3-711, and sentencing him to concurrent terms of five years’ probation, a conditional discharge on each of the misdemeanor convictions, 540 hours of community service and a $5,000 fine, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the jury’s determinations concerning credibility. There was extensive evidence of defendant’s guilt, including unequivocally incriminating taped conversations in which defendant discussed the illegal fund-raising schemes at issue.

Defendant waived his argument that the court erred by failing to give an accomplice as a matter of law charge regarding defendant’s three coconspirators (CPL 60.22 [1]), when his trial counsel expressly requested that the court not give this charge[*165] so as to avoid any implication that defendant was, in fact, involved in a conspiracy (see e.g. People v Matta, 286 AD2d 944, 945 [2001], lv denied 97 NY2d 731 [2002]; cf. People v Leon, 121 AD2d 1, 6 [1986], lv denied 69 NY2d 830 [1987]). Defendant was not denied effective assistance of counsel by his lawyer’s carefully reasoned decision in this respect. Counsel had a clear trial strategy of portraying defendant as an entirely innocent man with an impeccable reputation, who would never have been involved in such a scheme, while the codefendants were the actual culprits, who were testifying against defendant only to save themselves. Given this trial strategy, counsel did not want the jury to associate defendant with any conspiracy or to speculate that a conspiracy had already been found and that the only question was corroboration. This represents mere losing tactics, not ineffective assistance of counsel (see People v Benevento, 91 NY2d 708, 712-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]). Furthermore, there was substantial corroboration for the accomplice testimony, and defendant would have derived no benefit from an accomplice charge (see e.g. People v Maynard, 299 AD2d 303 [2002], lv denied 99 NY2d 630 [2003]).

Defendant’s remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur—Nardelli, J.P., Tom, Saxe, Friedman and Sweeny, JJ.