People v. Pardner
Opinion of the Court
Appeal from a judgment of the Supreme Court, Monroe County (Stephen R. Sirkin, A.J.), rendered March 31, 2004. The judgment convicted defendant, upon a jury verdict, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and criminal possession of a controlled substance in the third degree (§ 220.16 [1]). The contention of defendant that he was deprived of his right to counsel under New York law is properly before us (see generally People v Ramos, 99 NY2d 27, 30 [2002]; People v Kinchen, 60 NY2d 772, 773-774 [1983]) but is lacking in merit. The record “does not support the contention[ ] of defendant that he was interrogated . . . after a felony complaint had been filed” (People v Spirles, 275 AD2d 980, 982 [2000], lv denied 96 NY2d 807 [2001]).
“[D]espite defense counsel’s comments at sentencing, defendant was not denied effective assistance of counsel” (People v McQuiller, 19 AD3d 1043, 1045 [2005], lv denied 5 NY3d 808 [2005]; see People v Purnell, 22 AD3d 871 [2005]; People v Rodriguez, 18 AD3d 239, 240 [2005], lv denied 5 NY3d 793 [2005]; cf. People v Lawrence, 27 AD3d 1091 [2006]). Present—Hurlbutt, J.E, Gorski, Lunn, Peradotto and Green, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.