People v. Fleming

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Koch, J.), rendered November 30, 1990, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Prior to trial, the defendant moved to dismiss the indictment arguing that he had been denied the effective assistance of counsel on the ground that counsel ignored his express desire to testify before the Grand Jury and waived the defendant’s right to so testify without consulting him. In support of this claim, the defendant merely submitted to the…