People v Dozier

People v Dozier 2007 NY Slip Op 07505 [44 AD3d 403] October 11, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 12, 2007

The People of the State of New York, Respondent,
v
Marcus Dozier, Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Jonathan Marvinny of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Vincent Rivellese of counsel), for respondent.

Judgments, Supreme Court, New York County (Rena K. Uviller, J., on dismissal motions; Arlene R. Silverman, J., at pleas and sentence), rendered May 10, 2005, convicting defendant of criminal possession of a weapon in the third degree and criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to concurrent terms of five years and 2 to 4 years, respectively, unanimously affirmed.

There is no merit to defendant's claim that he was "denied the right to the assistance of counsel" with respect to the grand jury proceedings leading to his weapon possession indictment, and his alleged desire to testify with respect to that charge (see People v Wiggins, 89 NY2d 872, 873 [1996]). Defendant's claims relating to his drug indictment are likewise without merit. Concur—Andrias, J.P., Friedman, Williams, Buckley and Sweeny, JJ.