People v. Whittaker
Court: Appellate Division of the Supreme Court of the State of New York; October 14, 1997; New York; State Appellate Court
The defendant appealed a judgment from the County Court of Nassau County, which convicted him of felony operating a motor vehicle while intoxicated (VTL § 1192(2)) and a violation of VTL § 1126(a) following a guilty plea. The court affirmed the judgment, concluding that the defendant received meaningful representation from his trial attorney, thereby affirming his right to effective assistance of counsel as per established legal precedent (People v Baldi, 54 NY2d 137). The court determined that the claims regarding alleged inadequate representation prior to the plea were outside the record and not subject to review on direct appeal (People v Dyson, 200 AD2d 756). The decision was concurred by Judges Miller, Ritter, Sullivan, Santucci, and McGinity.