PEOPLE v. JOE

2933, 3799/03.

74 A.D.3d 404 (2010)

902 N.Y.S.2d 61

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DELROY JOE, Appellant.

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

Decided June 1, 2010.


Defense counsel did not render ineffective assistance by failing to object to a point assessment based on the age of a victim. Counsel could reasonably have found it pointless to demand proof that one of defendant's victims was under 17, since the People would have simply produced grand jury minutes establishing that fact. For the same reason, counsel's failure to challenge this assessment could not have prejudiced defendant.

The court properly exercised its discretion...

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