representation defense in New York

2013However, “ ‘[t]he constitutional right to the effective assistance of counsel does not mean that the representation was error free in every respect, but simply that defendant was afforded a fair trial’ ” (People v Jackson, 48 AD3d 891, 893 [2008], lv denied 10 NY3d 841 [2008], quoting People v Damphier, 13 AD3d 663, 664 [2004]).

2013However, “ ‘[t]he constitutional right to the effective assistance of counsel does not mean that the representation was error free in every respect, but simply that defendant was afforded a fair trial’ ” (People v Jackson, 48 AD3d 891, 893 [2008], lv denied 10 NY3d 841 [2008], quoting People v Damphier, 13 AD3d 663, 664 [2004]).

2026Upon our review of all of defendant's allegations of error concerning the representation provided by defense counsel, we conclude that defendant " 'failed to satisfy the well-settled, high burden of showing that he was deprived of a fair trial and meaningful representation sufficient to warrant a reversal' " ( Case , 197 AD3d at 988 , quoting People v Flores , 84 NY2d 184, 189 [1994]; see generally People v Baldi , 54 NY2d 137, 147 [1981]).

2021Upon our review of all of defendant's allegations of error concerning the representation provided by defense counsel, we conclude that defendant "failed to satisfy the well-settled, high burden of showing that he was deprived of a fair trial and meaningful representation sufficient to warrant a reversal" ( People v Flores , 84 NY2d 184, 189 [1994]; see generally People v Baldi , 54 NY2d 137, 147 [1981]).

2013However, “ ‘[t]he constitutional right to the effective assistance of counsel does not mean that the representation was error free in every respect, but simply that defendant was afforded a fair trial’ ” (People v Jackson, 48 AD3d 891, 893 [2008], lv denied 10 NY3d 841 [2008], quoting People v Damphier, 13 AD3d 663, 664 [2004]).

2013However, “ ‘[t]he constitutional right to the effective assistance of counsel does not mean that the representation was error free in every respect, but simply that defendant was afforded a fair trial’ ” (People v Jackson, 48 AD3d 891, 893 [2008], lv denied 10 NY3d 841 [2008], quoting People v Damphier, 13 AD3d 663, 664 [2004]).

2021As to defendant's contention that counsel failed to renew his motion to dismiss at the close of proof, thereby failing to preserve the argument of legal insufficiency, "the constitutional right to the effective assistance of counsel does not mean that the representation was error free in every respect, but simply that [the] defendant was afforded a fair trial" ( People v Bjork , 105 AD3d 1258, 1263 [2013] [internal quotation marks, brackets and citations omitted], lv denied 21 NY3d 1040 [2013]).

2015The case law makes clear that “ [t] he constitutional right to the effective assistance of counsel does not mean that the representation was error free in every respect, but simply that defendant was afforded a fair trial” (People v Fulwood, 86 AD3d 809, 811 [2011], lv denied 17 NY3d 952 [2011] [internal quotation marks and citations omitted]; accord People v Cade, 110 AD3d at 1241; People v Bjork, 105 AD3d 1258 , 1263 [2013], lv denied 21 NY3d 1040 [2013], cert denied 571 US —, 134 S Ct 1306 [2014]).

2013Further, with respect to the merits of that part of defendant’s motion to withdraw his plea, his contention that the plea was coerced by defense counsel is belied by his statements during the plea colloquy that no one forced him to plead guilty and that he was satisfied with the representation of defense counsel (see People v Strasser, 83 AD3d 1411, 1411 [2011]; People v Irvine, 42 AD3d 949, 949 [2007], lv denied 9 NY3d 962 [2007]).

2013Further, with respect to the merits of that part of defendant’s motion to withdraw his plea, his contention that the plea was coerced by defense counsel is belied by his statements during the plea colloquy that no one forced him to plead guilty and that he was satisfied with the representation of defense counsel (see People v Strasser, 83 AD3d 1411, 1411 [2011]; People v Irvine, 42 AD3d 949, 949 [2007], lv denied 9 NY3d 962 [2007]).

2019"As to the balance of defendant's claim, the constitutional right to the effective assistance of counsel does not mean that the representation was error free in every respect, but simply that defendant was afforded a fair trial" ( People v Cade , 110 AD3d at 1241 [internal quotations marks, brackets and citations omitted]; see People v Fulwood , 86 AD3d 809, 811 [2011], lv denied 17 NY3d 952 [2011]).

2015The case law makes clear that “ [t] he constitutional right to the effective assistance of counsel does not mean that the representation was error free in every respect, but simply that defendant was afforded a fair trial” (People v Fulwood, 86 AD3d 809, 811 [2011], lv denied 17 NY3d 952 [2011] [internal quotation marks and citations omitted]; accord People v Cade, 110 AD3d at 1241; People v Bjork, 105 AD3d 1258 , 1263 [2013], lv denied 21 NY3d 1040 [2013], cert denied 571 US —, 134 S Ct 1306 [2014]).

2019"As to the balance of defendant's claim, the constitutional right to the effective assistance of counsel does not mean that the representation was error free in every respect, but simply that defendant was afforded a fair trial" ( People v Cade , 110 AD3d at 1241 [internal quotations marks, brackets and citations omitted]; see People v Fulwood , 86 AD3d 809, 811 [2011], lv denied 17 NY3d 952 [2011]).

2015The case law makes clear that “ [t] he constitutional right to the effective assistance of counsel does not mean that the representation was error free in every respect, but simply that defendant was afforded a fair trial” (People v Fulwood, 86 AD3d 809, 811 [2011], lv denied 17 NY3d 952 [2011] [internal quotation marks and citations omitted]; accord People v Cade, 110 AD3d at 1241; People v Bjork, 105 AD3d 1258 , 1263 [2013], lv denied 21 NY3d 1040 [2013], cert denied 571 US —, 134 S Ct 1306 [2014]).

2014Here, defendant’s claim that defense counsel “told” him to plead guilty is belied by defendant’s statements during the plea colloquy that he was satisfied with the representation of defense counsel, that he had sufficient time to consider the plea, that no one had forced him to plead guilty, and that he was entering the plea voluntarily (see People v Rossborough, 105 AD3d 1332, 1333 [2013], lv denied 21 NY3d 1045 [2013]; People v Ivey, 98 AD3d 1230 , 1231 [2012], lv dismissed 20 NY3d 1012 [2013]; People v Garner, 86 AD3d 955, 955-956 [2011]).

2014Here, defendant’s claim that defense counsel “told” him to plead guilty is belied by defendant’s statements during the plea colloquy that he was satisfied with the representation of defense counsel, that he had sufficient time to consider the plea, that no one had forced him to plead guilty, and that he was entering the plea voluntarily (see People v Rossborough, 105 AD3d 1332, 1333 [2013], lv denied 21 NY3d 1045 [2013]; People v Ivey, 98 AD3d 1230 , 1231 [2012], lv dismissed 20 NY3d 1012 [2013]; People v Garner, 86 AD3d 955, 955-956 [2011]).

2013Further, with respect to the merits of that part of defendant’s motion to withdraw his plea, his contention that the plea was coerced by defense counsel is belied by his statements during the plea colloquy that no one forced him to plead guilty and that he was satisfied with the representation of defense counsel (see People v Strasser, 83 AD3d 1411, 1411 [2011]; People v Irvine, 42 AD3d 949, 949 [2007], lv denied 9 NY3d 962 [2007]).

2013Further, with respect to the merits of that part of defendant’s motion to withdraw his plea, his contention that the plea was coerced by defense counsel is belied by his statements during the plea colloquy that no one forced him to plead guilty and that he was satisfied with the representation of defense counsel (see People v Strasser, 83 AD3d 1411, 1411 [2011]; People v Irvine, 42 AD3d 949, 949 [2007], lv denied 9 NY3d 962 [2007]).

2014Here, defendant’s claim that defense counsel “told” him to plead guilty is belied by defendant’s statements during the plea colloquy that he was satisfied with the representation of defense counsel, that he had sufficient time to consider the plea, that no one had forced him to plead guilty, and that he was entering the plea voluntarily (see People v Rossborough, 105 AD3d 1332, 1333 [2013], lv denied 21 NY3d 1045 [2013]; People v Ivey, 98 AD3d 1230 , 1231 [2012], lv dismissed 20 NY3d 1012 [2013]; People v Garner, 86 AD3d 955, 955-956 [2011]).

2014Here, defendant’s claim that defense counsel “told” him to plead guilty is belied by defendant’s statements during the plea colloquy that he was satisfied with the representation of defense counsel, that he had sufficient time to consider the plea, that no one had forced him to plead guilty, and that he was entering the plea voluntarily (see People v Rossborough, 105 AD3d 1332, 1333 [2013], lv denied 21 NY3d 1045 [2013]; People v Ivey, 98 AD3d 1230 , 1231 [2012], lv dismissed 20 NY3d 1012 [2013]; People v Garner, 86 AD3d 955, 955-956 [2011]).

2013Defendant failed to preserve for our review his further contention that he was induced to enter his plea by false representations concerning his minimum sentencing exposure and the pendency of “bail jumping” charges against him (see People v Alvarado, 82 AD3d 458, 458 [2011], lv denied 17 NY3d 791 [2011]).

2013Defendant failed to preserve for our review his further contention that he was induced to enter his plea by false representations concerning his minimum sentencing exposure and the pendency of “bail jumping” charges against him (see People v Alvarado, 82 AD3d 458, 458 [2011], lv denied 17 NY3d 791 [2011]).

2026Upon our review of all of defendant's allegations of error concerning the representation provided by defense counsel, we conclude that defendant " 'failed to satisfy the well-settled, high burden of showing that he was deprived of a fair trial and meaningful representation sufficient to warrant a reversal' " ( Case , 197 AD3d at 988 , quoting People v Flores , 84 NY2d 184, 189 [1994]; see generally People v Baldi , 54 NY2d 137, 147 [1981]).

2021Upon our review of all of defendant's allegations of error concerning the representation provided by defense counsel, we conclude that defendant "failed to satisfy the well-settled, high burden of showing that he was deprived of a fair trial and meaningful representation sufficient to warrant a reversal" ( People v Flores , 84 NY2d 184, 189 [1994]; see generally People v Baldi , 54 NY2d 137, 147 [1981]).

2015As a result, “isolated errors in counsel’s representation generally will not rise to the level of ineffectiveness, unless the error is so serious that defendant did not receive a fair trial” (People v Shuaib, 111 AD3d 1055, 1057 [2013], lv denied 24 NY3d 1046 [2014] [internal quotation marks, brackets and citations omitted]; see People v Brabham, 126 AD3d 1040, 1043 [2015], lv denied 25 NY3d 1160 , 1171 [June 15, 2015]).

2015As a result, “isolated errors in counsel’s representation generally will not rise to the level of ineffectiveness, unless the error is so serious that defendant did not receive a fair trial” (People v Shuaib, 111 AD3d 1055, 1057 [2013], lv denied 24 NY3d 1046 [2014] [internal quotation marks, brackets and citations omitted]; see People v Brabham, 126 AD3d 1040, 1043 [2015], lv denied 25 NY3d 1160 , 1171 [June 15, 2015]).

2015As a result, “isolated errors in counsel’s representation generally will not rise to the level of ineffectiveness, unless the error is so serious that defendant did not receive a fair trial” (People v Shuaib, 111 AD3d 1055, 1057 [2013], lv denied 24 NY3d 1046 [2014] [internal quotation marks, brackets and citations omitted]; see People v Brabham, 126 AD3d 1040, 1043 [2015], lv denied 25 NY3d 1160 , 1171 [June 15, 2015]).

2015As a result, “isolated errors in counsel’s representation generally will not rise to the level of ineffectiveness, unless the error is so serious that defendant did not receive a fair trial” (People v Shuaib, 111 AD3d 1055, 1057 [2013], lv denied 24 NY3d 1046 [2014] [internal quotation marks, brackets and citations omitted]; see People v Brabham, 126 AD3d 1040, 1043 [2015], lv denied 25 NY3d 1160 , 1171 [June 15, 2015]).

2013Here, the record reveals that counsel engaged in relevant motion practice, presented appropriate opening and closing statements, effectively cross-examined the People’s witnesses and registered appropriate objections. 3 Under such circumstances, we are satisfied that defendant received meaningful representation (see People v Wilbur, 108 AD3d 878, 880 [2013]; People v Pinkney, 90 AD3d 1313, 1317 [2011]).

2013Here, the record reveals that counsel engaged in relevant motion practice, presented appropriate opening and closing statements, effectively cross-examined the People’s witnesses and registered appropriate objections. 3 Under such circumstances, we are satisfied that defendant received meaningful representation (see People v Wilbur, 108 AD3d 878, 880 [2013]; People v Pinkney, 90 AD3d 1313, 1317 [2011]).

2013Here, the record reveals that counsel engaged in relevant motion practice, presented appropriate opening and closing statements, effectively cross-examined the People’s witnesses and registered appropriate objections. 3 Under such circumstances, we are satisfied that defendant received meaningful representation (see People v Wilbur, 108 AD3d 878, 880 [2013]; People v Pinkney, 90 AD3d 1313, 1317 [2011]).

2013Here, the record reveals that counsel engaged in relevant motion practice, presented appropriate opening and closing statements, effectively cross-examined the People’s witnesses and registered appropriate objections. 3 Under such circumstances, we are satisfied that defendant received meaningful representation (see People v Wilbur, 108 AD3d 878, 880 [2013]; People v Pinkney, 90 AD3d 1313, 1317 [2011]).

2013Defendant concedes that this single failure was not “sufficiently egregious and prejudicial” to deprive him of that right (People v Caban, 5 NY3d 143, 152 [2005]).

2013Defendant concedes that this single failure was not “sufficiently egregious and prejudicial” to deprive him of that right (People v Caban, 5 NY3d 143, 152 [2005]).

2008“The constitutional right to the effective assistance of counsel does not mean that the representation was error free in every respect, but simply that defendant was afforded a fair trial” (People v Damphier, 13 AD3d 663, 664 [2004] [citation omitted]; see People v Henry, 95 NY2d 563, 565 [2000]).

2006“The constitutional right to the effective assistance of counsel does not mean that the representation was error free in every respect, but simply that defendant was afforded a fair trial” (People v Damphier, 13 AD3d 663, 664 [2004] [citation omitted]; see People v Taylor, 300 AD2d 746, 748 [2002], lv denied 2 NY3d 746 [2004]). “ ‘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,’ a defendant’s constitutional right to the effective assistance of

2019"As to the balance of defendant's claim, the constitutional right to the effective assistance of counsel does not mean that the representation was error free in every respect, but simply that defendant was afforded a fair trial" ( People v Cade , 110 AD3d at 1241 [internal quotations marks, brackets and citations omitted]; see People v Fulwood , 86 AD3d 809, 811 [2011], lv denied 17 NY3d 952 [2011]).

2015The case law makes clear that “ [t] he constitutional right to the effective assistance of counsel does not mean that the representation was error free in every respect, but simply that defendant was afforded a fair trial” (People v Fulwood, 86 AD3d 809, 811 [2011], lv denied 17 NY3d 952 [2011] [internal quotation marks and citations omitted]; accord People v Cade, 110 AD3d at 1241; People v Bjork, 105 AD3d 1258 , 1263 [2013], lv denied 21 NY3d 1040 [2013], cert denied 571 US —, 134 S Ct 1306 [2014]).

2015Turner does not reject the application of our totality of the representation test to determine ineffective assistance of counsel, for in Turner we specifically stated that counsel’s representation is “viewed in totality” (see id. at 480 ).

2015Turner does not reject the application of our totality of the representation test to determine ineffective assistance of counsel; for in Turner we specifically stated that counsel's representation is "viewed in totality" (see id. at 480 ).

2012“In the context of a guilty plea, a defendant has been afforded meaningful representation when he or she receives an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of [defense] counsel” (People v Ford, 86 NY2d 397, 404 ), and upon our review of the record we conclude that defendant was afforded such meaningful representation here. “ ‘To the extent that defendant contends that defense counsel was ineffective because he coerced defendant into pleading guilty, that contention is belied by defendant’s statement during the plea colloquy that the plea was not t

2012“In the context of a guilty plea, a defendant has been afforded meaningful representation when he or she receives an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of [defense] counsel” (People v Ford, 86 NY2d 397, 404 [1995]), and upon our review of the record we conclude that defendant was afforded such meaningful representation here. “ ‘To the extent that defendant contends that defense counsel was ineffective because he coerced defendant into pleading guilty, that contention is belied by defendant’s statement during the plea colloquy that the plea was

2011We reject defendant’s further contention that the court erred in refusing to assign new counsel for the motion to withdraw his plea, inasmuch as the record does not demonstrate that defense counsel took a position adverse to defendant (see People v McKoy, 60 AD3d 1374, 1374-1375 , lv denied 12 NY3d 856 ), or that he coerced defendant into pleading guilty (cf. People v Ulloa, 300 AD2d 60, 61-62 ).

2011We reject defendant’s further contention that the court erred in refusing to assign new counsel for the motion to withdraw his plea, inasmuch as the record does not demonstrate that defense counsel took a position adverse to defendant (see People v McKoy, 60 AD3d 1374, 1374-1375 [2009], lv denied 12 NY3d 856 [2009]), or that he coerced defendant into pleading guilty (cf. People v Ulloa, 300 AD2d 60, 61-62 [2002]).

2011Defendant’s contention that the plea was coerced by defense counsel is belied by his statements during the plea colloquy that no one forced him to plead guilty and that he was satisfied with the representation of defense counsel (see Irvine, 42 AD3d 949 ; People v Nichols, 21 AD3d 1273, 1274 , lv denied 6 NY3d 757 ).

2011Defendant’s contention that the plea was coerced by defense counsel is belied by his statements during the plea colloquy that no one forced him to plead guilty and that he was satisfied with the representation of defense counsel (see Irvine, 42 AD3d 949 ; People v Nichols, 21 AD3d 1273, 1274 [2005], lv denied 6 NY3d 757 [2005]).

2011We reject defendant’s further contention that the court erred in refusing to assign new counsel for the motion to withdraw his plea, inasmuch as the record does not demonstrate that defense counsel took a position adverse to defendant (see People v McKoy, 60 AD3d 1374, 1374-1375 , lv denied 12 NY3d 856 ), or that he coerced defendant into pleading guilty (cf. People v Ulloa, 300 AD2d 60, 61-62 ).

2011We reject defendant’s further contention that the court erred in refusing to assign new counsel for the motion to withdraw his plea, inasmuch as the record does not demonstrate that defense counsel took a position adverse to defendant (see People v McKoy, 60 AD3d 1374, 1374-1375 [2009], lv denied 12 NY3d 856 [2009]), or that he coerced defendant into pleading guilty (cf. People v Ulloa, 300 AD2d 60, 61-62 [2002]).