People v. Bullock, 28 A.D.3d 673 (N.Y. App. Div. 2006). · Go Syfert
People v. Bullock, 28 A.D.3d 673 (N.Y. App. Div. 2006). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Shaw (nyappdiv, 2015-03-25)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Shaw
N.Y. App. Div. · 2015 · confidence medium
In any event, the defendant’s right to present a defense was not unduly curtailed by the court’s application of the Rape Shield Law (see People v Simmons, 106 AD3d at 1116 ; People v Weinberg, 75 AD3d 612, 613 [2010]). *1017 The defendant’s contention that he was deprived of a fair trial by being compelled to appear before a panel of prospective jurors in his prison garb is unpreserved for appellate review and, in any event, without merit (see CPL 470.05 [2]; Estelle v Williams, 425 US 501, 512-513 [1976]; People v Bullock, 28 AD3d 673, 673 [2006]).
discussed Cited "see" People v. Zeigler
N.Y. App. Div. · 2022 · signal: see · confidence high
Where, as here, the record supports the Supreme Court's determination that the defendant was given sufficient advance notice of trial, yet chose not to avail himself of the civilian clothing that he was offered to wear at trial, the court "act[ed] within its bounds when it elect[ed] to proceed rather than disrupt the proceedings" ( People v Cruz , 14 AD3d 730, 732 ; see People v Bullock , 28 AD3d 673 ; People v Reid , 137 AD2d 844, 845 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Paris Bullock
Appellate Division of the Supreme Court of the State of New York.
Apr 18, 2006.
28 A.D.3d 673
Cited by 6 opinions  |  Published

Appeal by the defendant from a judgment of the County Court, Westchester County (DiBella, J.), rendered July 6, 2004, convicting him of assault in the first degree, assault in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that he was deprived of a fair trial by being compelled to appear at jury selection in his prison attire is unpreserved for appellate review because the defendant did not raise an objection until the second day of jury selection, after a full day had been completed {Estelle v Williams, 425 US 501, 512-513 [1976]; People v Earless, 245 AD2d 878, 879 [1997]). In any event, the defendant’s contention is without merit because, before making any appearance, the defendant indicated to the court that he was appearing at jury selection in his prison attire. Moreover, the court offered to adjourn the proceedings and contact the Department of Corrections to assist the defendant in obtaining his civilian clothing, but the defendant declined the court’s offer. In addition, the defendant’s jacket was available for him to wear over his prison attire, but he declined to do so. Therefore, the defendant was not compelled to appear at jury selection wearing prison attire (see Estelle v Williams, supra).

The defendant’s contention that he was deprived of the effective assistance of counsel is similarly without merit. To prevail[*674] on a claim of ineffective assistance of counsel, “it is incumbent on [the] defendant to demonstrate the absence of strategic or other legitimate explanations for counsel’s alleged shortcomings” (People v Benevento, 91 NY2d 708, 712 [1998] [internal quotation marks omitted]; see People v Jean, 21 AD3d 499 [2005]). “So long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation, the constitutional requirement will have been met” (People v Baldi, 54 NY2d 137, 147 [1981]; see People v Jean, supra). Here, the defendant received meaningful representation (see People v Benevento, supra). The defense counsel presented a clear and cogent opening and summation, conducted adequate cross-examination of the People’s witnesses during the trial and pretrial hearings, and secured the defendant an acquittal on one count of assault in the first degree. Krausman, J.P., Spolzino, Lifson and Dillon, JJ., concur.