Legal Opinion

People v. DeCapua

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

Decided May 28, 1993PublishedCited by 2 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of 16 counts of sodomy in the third degree and one count of endangering the welfare of a child, defendant argues that he was denied effective assistance of counsel. Based on the totality of the representation provided, we conclude that he received effective assistance of counsel (see generally, People v Rivera, 71 NY2d 705, 708-709). Defendant’s argument concerning the court’s charge is unpreserved and we decline to reach it in the interest of justice. Were we to deem preserved his argument concerning the…

2Cases cited3 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. People v. RiveraNew York Court of Appeals · 1988
  3. People v. PaytonNew York Court of Appeals · 1978

3Cited by2 opinions

  1. People v. BarnhillAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. WardAppellate Division of the Supreme Court of the State of New York · 2019

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