In People v. Jones (3d Dept. 2/25/2010) (Stein, J.), the Third Department unanimously rejected the defendant's ineffective assistance of counsel (IAC) claims. The defendant initially complained that his attorney failed to make a motion to dismiss the indictment on grounds of impaired grand jury proceedings; the defendant claimed the proceeding was defective because he appeared at the grand jury in prison attire. However, the Third Department noted that the defendant's allegations and the record did not demonstrate that the defendant was compelled to wear the prison clothing. Moreover, the court noted that defense counsel, in his motion to dismiss the indictment, did "draw[] specific attention" to defendant's wearing a jail jumpsuit at the grand jury.
The defendant, pro se, also argued that, on appeal, his appellate attorney had a conflict of interest because the attorney had also represented him at trial. Thus, the defendant argued that he had an inherent self-interest in not pursuing an IAC claim based on the facts that occurred at the trial court level. The court applied a totality of the circumstances analysis and reasoned that the IAC claim was meritless where the defendant's appellate counsel displayed "a competent grasp of the facts, the law and appellate procedure, supported by appropriate authority and argument" (internal citations omitted). (JTR/LC)
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