PEOPLE v. HARRIS (1999)

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

The PEOPLE of the State of New York, Respondent, v. Wilbert HARRIS, Defendant-Appellant.

Decided: January 07, 1999

SULLIVAN, J.P., ROSENBERGER, WILLIAMS and SAXE, JJ.

Jessica Bier, for Respondent. David E. Liebman, for Defendant-Appellant.

Judgment, Supreme Court, New York County (George Daniels, J.), rendered May 23, 1996, convicting defendant, after a jury trial, of robbery in the first and second degrees, and sentencing him, as a second violent felony offender, to concurrent terms of 10 to 20 years and 7 1/212 to 15 years, respectively, unanimously affirmed.

Defendant was provided with a reasonable opportunity to testify before the Grand Jury. As the record sufficiently shows, on the first date scheduled for his testimony, he refused to be produced (see, People v. Turner, 227 A.D.2d 120, 641 N.Y.S.2d 315). Although the matter was adjourned and his attorneys did not timely appear on the adjourned date, this did not constitute ineffective assistance of counsel warranting dismissal of the indictment (People v. Wiggins, 89 N.Y.2d 872, 653 N.Y.S.2d 91, 675 N.E.2d 845).

We perceive no abuse of sentencing discretion.

MEMORANDUM DECISION.

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