Opinion
2013-11-6
The PEOPLE, etc., respondent, v. Michael McNEAL, appellant.
Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel; James Kylstra on the brief), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Diane Eisner, and Matthew F. Sullivan of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel; James Kylstra on the brief), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Diane Eisner, and Matthew F. Sullivan of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered May 5, 2010, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's claim that he was deprived of the effective assistance of counsel is without merit, as he did not demonstrate that there was no strategic or legitimate explanation for defense counsel's allegedly deficient conduct or that defense counsel otherwise failed to provide meaningful representation ( see People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584;People v. Rivera, 71 N.Y.2d 705, 709, 530 N.Y.S.2d 52, 525 N.E.2d 698;People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400;People v. Landri, 104 A.D.3d 791, 792, 960 N.Y.S.2d 504). Rather, the record, viewed in totality, demonstrates that the defendant was afforded the effective assistance of counsel ( see People v. Benevento, 91 N.Y.2d at 712, 674 N.Y.S.2d 629, 697 N.E.2d 584;People v. Baldi, 54 N.Y.2d at 147, 444 N.Y.S.2d 893, 429 N.E.2d 400;People v. Landri, 104 A.D.3d at 792, 960 N.Y.S.2d 504).