Legal Opinion

People v. Wellborn

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

Decided March 25, 2011PublishedCited by 6 opinions

1Opinion of the Court

Memorandum: Defendant appeals from a judgment convicting *1658him upon a jury verdict of, inter alia, robbery in the first degree (Penal Law § 160.15 [4]) and burglary in the first degree (§ 140.30 [4]).

We reject defendant’s contention that he did not receive effective representation at trial (see generally People v Baldi, 54 NY2d 137, 147 [1981]). Defendant failed to meet his burden of “ ‘demonstrating] the absence of strategic or other legitimate explanations’ ” for certain alleged failures of defense counsel (People v Benevento, 91 NY2d 708, 712 [1998]), and we note that other alleged…

2Cases cited6 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. BaldiNew York Court of Appeals · 1981
  4. People v. BeneventoNew York Court of Appeals · 1998
  5. People v. WilliamsNew York Court of Appeals · 2007

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3Cited by6 opinions

  1. People v. GottscheAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. MaxwellAppellate Division of the Supreme Court of the State of New York · 2013
  3. GOTTSCHE, MARCUS, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
  4. MAXWELL, WILBERT T., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. GottscheAppellate Division of the Supreme Court of the State of New York · 2014

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