THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. QUINCY ATKINS DEFENDANT APPELLANT (2026)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. QUINCY D. ATKINS, DEFENDANT-APPELLANT.

562 Decided: July 24, 2026

PRESENT: LINDLEY, J.P., BANNISTER, OGDEN, DELCONTE, AND HANNAH, JJ.

DAVID P. ELKOVITCH, AUBURN, FOR DEFENDANT-APPELLANT. BRITTANY GROME ANTONACCI, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal contempt in the first degree (Penal Law § 215.51 [c]), aggravated family offense (§ 240.75), and criminal contempt in the second degree (§ 215.50 [3]). We affirm.

Defendant's sole contention on appeal, that he was denied effective assistance of counsel based on defense counsel's failure to provide additional legal argument in support of his omnibus motion, does not survive his guilty plea because he “failed to demonstrate that the plea bargaining process was infected by the allegedly ineffective assistance or that [he] entered the plea because of defense counsel's allegedly poor performance” (People v Freeman, 244 AD3d 1722, 1725 [4th Dept 2025] [internal quotation marks omitted]; see People v Blount, 239 AD3d 1426, 1427 [4th Dept 2025], lv denied 44 NY3d 981 [2025]; cf. People v Bloodworth, 173 AD3d 1838, 1838 [4th Dept 2019]).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court

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