Torts · MBE-tested

The People of the State of New York, Respondent, v. Mark Accove, Appellant

264 A.D.2d 643696 N.Y.S.2d 402·New York Supreme Court, Appellate Division·1999·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

The People of the State of New York, Respondent, v Mark Accove, Appellant. [696 NYS2d 402] [MAJORITY] Judgment, Supreme Court, Bronx County (George Covington, J.), rendered on or about April 28, 1997, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 7V2 to 15 years, unanimously affirmed. Defendant’s ineffective assistance of counsel claim would require a CPL 440.10 motion in order to develop the record as to matters of strategy and the availability of a potential medical expert witness. On the existing record, we find that defendant received meaningful representation (see, People v Ben evento, 91 NY2d 708; People v Hall, 168 AD2d 310, 311, lv denied 77 NY2d 906). We have considered and rejected defendant’s remaining claims. Concur — Rubin, J. P., Andrias, Saxe, Buckley and Friedman, JJ.