PEOPLE v. GIL


285 A.D.2d 7 (2001)

729 N.Y.S.2d 121

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL GIL, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

August 16, 2001.


Attorney(s) appearing for the Case

John M. Moreira of counsel (Joseph N. Ferdenzi on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for respondent.

Eunice C. Lee of counsel (Richard M. Greenberg, Office of the Appellate Defender, attorney), for appellant.

SULLIVAN, P. J., MAZZARELLI, ELLERIN, LERNER and BUCKLEY, JJ., concur.


OPINION OF THE COURT

Per Curiam.

The question before us is whether defense counsel's conduct in proceeding to trial in this case on the date of defendant's arraignment on a multi-felony indictment without any prior investigation and after waiving all pre-trial motions and discovery denied defendant effective assistance of counsel.

The facts as presented by the People's witnesses indicated that at 9:10 P.M. on April 22, 1995, Abdoulaye Balde was backing...

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