PEOPLE v. COLVILLE

2006-10565 (Ind. No. 6944/04).

79 A.D.3d 189 (2010)

909 N.Y.S.2d 463

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

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

Decided October 5, 2010.


Attorney(s) appearing for the Case

Delroy Colville , pro se, and Lynn W. L. Fahey , New York City ( Reyna E. Marder of counsel), for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.

FISHER, J.P., SANTUCCI and ENG, JJ., concur.


OPINION OF THE COURT

CHAMBERS, J.

On this appeal, we primarily address whether the defendant, who was charged with murder in the second degree, was deprived of the effective assistance of counsel when trial counsel, after consulting with the defendant, acceded to the defendant's wish that he withdraw his request to the Trial Judge to include the lesser offenses of manslaughter in the first degree and manslaughter in the second degree in the charge to the...

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