record shows defense in New York

2018The record shows that defense counsel provided meaningful representation to the defendant, and, thus, he was not deprived of the effective assistance of counsel ( see People v Benevento , 91 NY2d 708 ; People v Baldi , 54 NY2d 137 ).

2015The record shows that defense counsel provided meaningful representation to the defendant and, thus, the defendant was not deprived of the effective assistance of counsel (see People v Benevento, 91 NY2d 708 [1998]; People v Baldi, 54 NY2d 137 [1981]).

2019The record shows that defense counsel generally provided meaningful representation by examining and cross-examining witnesses, giving a coherent opening statement and summation, moving for a mistrial, and presenting a reasonable trial strategy ( see generally People v Baldi , 54 NY2d 137, 151 [1981]).

2018The record shows that defense counsel provided meaningful representation to the defendant, and, thus, he was not deprived of the effective assistance of counsel ( see People v Benevento , 91 NY2d 708 ; People v Baldi , 54 NY2d 137 ).

2022Moreover, Petrolite's new counsel failed to explain the reason for its delay in bringing this motion, nearly 18 months after the default order was entered ( see Agosto , 175 AD3d 1192 ; see also Youni Gems Corp. v Bassco Creations Inc. , 70 AD3d 454 [1st Dept 2010]).

2022Moreover, Petrolite's new counsel failed to explain the reason for its delay in bringing this motion, nearly 18 months after the default order was entered ( see Agosto , 175 AD3d 1192 ; see also Youni Gems Corp. v Bassco Creations Inc. , 70 AD3d 454 [1st Dept 2010]).

2016The totality of the record shows that defense counsel engaged in appropriate pretrial motion practice, pursued a viable trial strategy, vigorously cross-examined the People’s witnesses and obtained an acquittal on two of the charges, and counsel accordingly provided meaningful representation (see People v Pavone, 26 NY3d 629, 646-647 [2015]; People v Henry, 129 AD3d 1334, 1337 [2015], lv denied 26 NY3d 930 [2015]).

2016The totality of the record shows that defense counsel engaged in appropriate pretrial motion practice, pursued a viable trial strategy, vigorously cross-examined the People’s witnesses and obtained an acquittal on two of the charges, and counsel accordingly provided meaningful representation (see People v Pavone, 26 NY3d 629, 646-647 [2015]; People v Henry, 129 AD3d 1334, 1337 [2015], lv denied 26 NY3d 930 [2015]).

2016The totality of the record shows that defense counsel engaged in appropriate pretrial motion practice, pursued a viable trial strategy, vigorously cross-examined the People’s witnesses and obtained an acquittal on two of the charges, and counsel accordingly provided meaningful representation (see People v Pavone, 26 NY3d 629, 646-647 [2015]; People v Henry, 129 AD3d 1334, 1337 [2015], lv denied 26 NY3d 930 [2015]).

2016The totality of the record shows that defense counsel engaged in appropriate pretrial motion practice, pursued a viable trial strategy, vigorously cross-examined the People’s witnesses and obtained an acquittal on two of the charges, and counsel accordingly provided meaningful representation (see People v Pavone, 26 NY3d 629, 646-647 [2015]; People v Henry, 129 AD3d 1334, 1337 [2015], lv denied 26 NY3d 930 [2015]).

2022Even if the assertion were supported by any evidence, an assertion of law office failure should be rejected where "the record shows that defense counsel was fully aware of his obligations and intentionally and repeatedly failed to attend to them" ( Imovegreen, LLC v Frantic, LLC , 139 AD3d 539, 540 [1st Dept 2016]).

2022A claim of law office failure should be rejected where "the record shows that defense counsel was fully aware of his obligations and intentionally and repeatedly failed to attend to them" ( Imovegreen, LLC v Frantic, LLC , 139 AD3d 539 [1st Dept 2016]; see also Agosto v Western Beef Retail, Inc. , 175 AD3d 1192 , 1192 [1st Dept 2019]).

2022Since defendant failed to provide an acceptable excuse for the defaults, it is unnecessary to address whether he had a meritorious defense ( see Gonzalez v Praise the Lord Dental , 79 AD3d 550, 550 [1st Dept 2010]).

2020The defendant's contention that she received ineffective assistance of counsel is without merit as the record shows that defense counsel provided the defendant with meaningful representation ( see People v Orlando , 61 AD3d 1001, 1002 ; see also People v Katehis , 117 AD3d at 1081 ).

2019Finally, defendant did not preserve his claim that the sentence imposed constituted a penalty for exercising his constitutional right to a jury trial ( see People v Williams , 163 AD3d 1160 , 1166 [2018], lvs denied 32 NY3d 1170 , 1179 [2019]; People v Luciano , 152 AD3d 989, 995 [2017], lv denied 30 NY3d 1020 [2017]).

2019Our review of the record shows that defense counsel provided meaningful representation by pursing a rational trial strategy — that the driver placed defendant's identification and other work documents into the duffel bag while defendant was speaking with VanBramer — conducting a meaningful voir dire of prospective jurors, effectively cross-examining the People's witnesses and delivering cogent opening and closing statements that were consistent with the trial strategy ( see People v Perry , 154 AD3d at 1171 ; People v Turner , 37 AD3d 874, 876-877 [2007], lv denied 8 NY3d 991 [2007]; People v

2019"It has long been held that there is a strong public policy against restitution or recoupment of support overpayments' . . . and nothing in this record shows it was error to deny that relief" ( Johnson v Chapin , 12 NY3d 461, 466 [2009], rearg denied 13 NY3d 888 [2009]).

2016Co. v Judd, 191 AD2d 230, 230 [1st Dept 1993]; CPLR 2005).

2015The defendant’s contention that the County Court erred in accepting his plea of guilty without inquiring into whether he was knowingly and voluntarily waiving a defense of intoxication (see Penal Law § 15.25) is unpreserved for appellate review (see CPL 470.05 [2]; People v Dugin, 51 AD3d 687 [2008]; People v Sioleski, 21 AD3d 501, 501-502 [2005]).

2015Moreover, the search that followed the initial police entry was conducted after the defendant gave his voluntary consent, and was lawful on that alternate ground (see People v Cosme, 48 NY2d 286, 290 [1979]; People v Ortiz, 87 AD3d 602 [2011]). *890 Contrary to the defendant’s contention, the record shows that defense counsel provided meaningful representation to the defendant, and, thus, the defendant was not deprived of the effective assistance of counsel (see People v Benevento, 91 NY2d 708 [1998]; People v Baldi, 54 NY2d 137 [1981]).

2012In short, the defense attorney never “acceded” or “acquiesc[ed]” to defendant’s decision (see 79 AD3d at 203, 204 ) except to the extent the judge impermissibly left him no alternative.

2010The defendant’s claim of ineffective assistance of counsel is without merit, as the record shows that defense counsel provided meaningful representation to the defendant at all stages of the proceedings (see People v Caban, 5 NY3d 143, 152 [2005]; People v Benevento, 91 NY2d 708, 712 [1998]).

2010Moreover, the Supreme Court properly conducted an inquiry to insure that the potential witness, who claimed that the narcotics were his, was aware of the possible legal consequences of giving testimony and of his privilege to refuse to testify (see People v Siegel, 87 NY2d 536, 543 [1995]; People v Lee, 58 NY2d 773, 775 [1982]).

2010Moreover, the Supreme Court properly conducted an inquiry to insure that the potential witness, who claimed that the narcotics were his, was aware of the possible legal consequences of giving testimony and of his privilege to refuse to testify (see People v Siegel, 87 NY2d 536, 543 [1995]; People v Lee, 58 NY2d 773, 775 [1982]).

2009The record shows that defense counsel rendered meaningful representation to the defendant at all stages of the proceedings (see People v Benevento, 91 NY2d 708, 712 [1998]; People v Baez, 52 AD3d 840 [2008]; People v Holland, 44 AD3d 874, 874-875 [2007]).

2009It has long been held that there is a “strong public policy against restitution or recoupment of support overpayments” (Baraby v Baraby, 250 AD2d 201, 205 [3d Dept 1998]; Rosenberg v Rosenberg, 42 AD2d 590 [2d Dept 1973]); and nothing in this record shows it was error to deny that relief.