People v Ford
2012 NY Slip Op 00804 [91 AD3d 968]
Jnury 31, 2012
Appellate Division, Second Department
As corrected through Wednesday, February 29, 2012


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

[*1]Yasmin Daley Duncan, Brooklyn, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.),rendered June 11, 2008, convicting him of attempted assault in the first degree, assault in thesecond degree (two counts), criminal possession of a weapon in the third degree (two counts),and promoting prison contraband in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court properly denied that branch of the defendant's motion which waspursuant to CPL 330.30 to set aside the verdict on the ground that the People failed to disclose,or failed timely to disclose, Brady material (see Brady v Maryland, 373 US 83[1963]).

Contrary to the defendant's contention, he was not deprived of his right to the effectiveassistance of counsel under either the United States Constitution or the New York Constitution(see Strickland v Washington, 466 US 668 [1984]; People v Baldi, 54 NY2d 137[1981]).

The Supreme Court properly adjudicated the defendant a persistent violent felony offender(see Penal Law § 70.04 [1] [b]; § 70.08 [1]). Skelos, J.P., Dickerson, Austinand Miller, JJ., concur.


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