Legal Opinion

People v. Byrd

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 2008PublishedCited by 8 opinions

1Opinion of the Court

The court acted properly, and in any event did not cause defendant any prejudice, when, after defendant’s trial counsel declined to represent him at the SORA hearing, it appointed, with defendant’s consent, a competent attorney from the County Law article 18-B panel to do so rather than appointing the Legal Aid Society, which was representing defendant on a pending CPL article 440 motion. At no point during the SORA hearing did defendant or his newly assigned counsel object that the attorney with the Legal Aid Society should represent defendant or that the court should have contacted that…

2Cases cited5 opinions

  1. People v. StevensNew York Court of Appeals · 1998
  2. People v. HallNew York Court of Appeals · 1979
  3. People v. KnowlesNew York Court of Appeals · 1996
  4. Musick v. 330 Wythe Avenue Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2007
  5. Rothstein v. City University of New YorkAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by8 opinions

  1. Lewis v. CrossAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. BeauvaisAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2015
  4. BROWN, JOHN W., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. AlbaneseAppellate Division of the Supreme Court of the State of New York · 2025

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