PEOPLE v. MOBLEY


309 A.D.2d 605 (2003)

765 N.Y.S.2d 775

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KIP MOBLEY, Appellant.

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

Decided October 16, 2003.


The court properly denied defendant's motion to vacate his judgment of conviction. There is no basis for disturbing the court's determinations concerning credibility. The record supports the court's finding that defendant's attorney advised him of his right to testify before the grand jury. In any event, even if defendant's version of the facts were to be accepted, counsel's failure to inform him of his right to testify before the grand jury would not, in this case, constitute...

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