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People v. Maitland
Citation: 2018 NY Slip Op 1668Docket: 6024 3116/13
Court: Appellate Division of the Supreme Court of the State of New York; March 15, 2018; New York; State Appellate Court
Original Court Document: View Document
In *People v. Maitland*, 2018 NY Slip Op 01668, the Appellate Division, First Department affirmed the judgment of the Supreme Court, Bronx County, which convicted Sherman Maitland of multiple counts of rape in the third degree, criminal sexual act in the third degree, and endangering the welfare of a child. The court sentenced Maitland to an aggregate term of three years on June 9, 2015, with an amendment on June 23, 2015. The defendant's claims of ineffective assistance of counsel were deemed unreviewable on direct appeal due to the lack of a sufficient record, as he failed to file a CPL 440.10 motion. In reviewing the available record, the court concluded that Maitland received effective assistance under both state and federal standards, particularly in the context of a nonjury trial. The court found no unreasonable or prejudicial conduct by counsel during the cross-examination of a forensic examiner, nor did it find justification for a missing witness charge. Maitland's argument that certain counts were multiplicitous was not preserved for review, and the court declined to address it in the interests of justice. Even if the issue were considered, the court determined that the counts were not multiplicitous, and corrective action was unnecessary as the sentences were concurrent. The decision and order were entered on March 15, 2018.