Opinion
2001-09800.
December 22, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Brennan, J.), rendered November 5, 2001, convicting him of burglary in the second degree, criminal trespass in the second degree, and petit larceny, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Alexis A. Ascher of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel; Shalom Doron on the brief), for respondent.
Before: THOMAS A. ADAMS and STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
There is no merit to the defendant's contention that he was denied the effective assistance of counsel. Any error in eliciting or in failing to object to hearsay or bolstering testimony "was at most a mistaken judgment as to trial strategy and cannot be characterized as ineffective assistance of counsel" ( People v. Jackson, 52 N.Y.2d 1027, 1029; see People v. Beaty, 231 A.D.2d 909; People v. Mercedes, 182 A.D.2d 778, 779; People v. Greene, 160 A.D.2d 726). Under the circumstances of this case, the defense counsel provided meaningful representation ( see People v. Benevento, 91 N.Y.2d 708, 714; People v. Baldi, 54 N.Y.2d 137, 147).
The defendant's contention that his adjudication as a persistent violent felony offender violated his right to a jury trial pursuant to Apprendi v. New Jersey ( 530 U.S. 466) is unpreserved for appellate review and, in any event, is without merit ( see People v. Rosen, 96 N.Y.2d 329, 335, cert denied 534 U.S. 899).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.