Appellate Division of the Supreme Court of New York, 1998

People v. Leeper

People v. Leeper
Appellate Division of the Supreme Court of New York · Decided October 2, 1998
254 A.D.2d 754; 678 N.Y.S.2d 554; 1998 N.Y. App. Div. LEXIS 10451
People v. Leeper

Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant was convicted upon a plea of guilty of assault in the first degree (Penal Law § 120.10 [3]) in full satisfaction of a four-count indictment charging defendant, inter alia, with attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]). We reject the contention of defendant that, because his assigned counsel failed to make pretrial motions, he was denied effective assistance of counsel. Defendant has not shown that the motions, if *755made, would have been successful and has failed to establish that counsel otherwise failed to provide meaningful representation (see, People v Baldi, 54 NY2d 137, 147; People v Ayala, 236 AD2d 802, lv denied 90 NY2d 855). (Appeal from Judgment of Chautauqua County Court, Ward, J. — Assault, 1st Degree.) Present — Green, J. P., Lawton, Callahan, Boehm and Fallon, JJ.

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