AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALAN M. BENJAMIN, Appellant.

Ordered that the judgments are affirmed.

The trial court did not improvidently exercise its discretion in denying the defendant's motion to set aside the jury verdict with respect to indictment No. 84-01044-01 on the ground of ineffective assistance of counsel (see, CPL 330.30). The hearing record indicates that counsel's decision not to call the defendant's best friend, wife and other family members as alibi witnesses was a well-advised trial strategy. The defendant's disagreement with that strategy did not render counsel's representation less than meaningful (see, People v. Rivera, 71 N.Y.2d 705; People v. Baldi, 54 N.Y.2d 137).

We have considered the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be either unpreserved for appellate review or not warranting reversal of his convictions. Thompson, J.P., Brown, Lawrence and Rubin, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. BENJAMIN
(Jun 19, 1989)