PEOPLE v. HELM


69 A.D.2d 198 (1979)

The People of the State of New York, Respondent, v. Robert E. Helm, Appellant

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

July 26, 1979


Attorney(s) appearing for the Case

F. Stanton Ackerman for appellant.

Sol Greenberg, District Attorney (F. Patrick Jeffers of counsel), for respondent.

SWEENEY, KANE and STALEY, JR., JJ., concur with HERLIHY, J.; MAHONEY, P. J., dissents and votes to reverse in an opinion.


HERLIHY, J.

At the outset, it should be observed that the guilt of the defendant was proven beyond any reasonable doubt. He was apprehended by the police in the act of committing a burglary and upon this appeal does not raise any issue as to his guilt.

The primary issue raised by the defendant is his contention that his assigned trial counsel was inadequate and as a result he was deprived of his constitutional...

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