Opinion
2002-08681.
August 15, 2005.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered December 22, 2003, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel), for respondent.
Before: Cozier, J.P., S. Miller, Mastro and Rivera, JJ., concur.
Ordered that the judgment is affirmed.
"To prevail on a claim of ineffective assistance of counsel, it is incumbent on [the] defendant to demonstrate the absence of strategic or other legitimate explanations for counsel's failure" ( People v. Rivera, 71 NY2d 705, 709; see People v. Bussey, 6 AD3d 621, 622, lv denied 4 NY3d 828). "So long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation, the constitutional requirement will have been met" ( People v. Baldi, 54 NY2d 137, 147; see People v. Bussey, supra at 622).
The record reveals that the defendant was afforded meaningful representation ( see People v. Benevento, 91 NY2d 708).