PEOPLE v. FLEMING


196 A.D.2d 551 (1993)

601 N.Y.S.2d 304

The People of the State of New York, Respondent, v. Jonathan Fleming, Appellant

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

August 9, 1993


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 trial court an affirmation of his retained counsel, who did not have personal...

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