Opinion
02-03-2016
The PEOPLE, etc., respondent, v. Danny WILLIAMS, appellant.
Edelstein & Grossman, New York, N.Y. (Jonathan I. Edelstein and Robert M. Grossman of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Trail, and John F. McGoldrick of counsel), for respondent.
Edelstein & Grossman, New York, N.Y. (Jonathan I. Edelstein and Robert M. Grossman of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Trail, and John F. McGoldrick of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lasak, J.), rendered February 29, 2012, convicting him of murder in the second degree, attempted murder in the second degree, and assault in the second degree, upon a jury verdict, and imposing sentence.ORDERED that the judgment is affirmed.
The defendant failed to show that his trial counsel's tactics, which included eliciting testimony that the defendant was identified in a photo array by a victim, lacked a legitimate strategic purpose (see People v. Caban, 5 N.Y.3d 143, 152, 800 N.Y.S.2d 70, 833 N.E.2d 213 ; People v. Trovato, 68 A.D.3d 1023, 1024, 891 N.Y.S.2d 453 ; People v. Pennington, 27 A.D.3d 269, 270, 811 N.Y.S.2d 36 ; People v. Taylor, 300 A.D.2d 746, 748, 751 N.Y.S.2d 662 ). "The fact that trial counsel's tactics were unsuccessful does not constitute ineffective assistance of counsel" (People v. Trovato, 68 A.D.3d at 1024, 891 N.Y.S.2d 453 ; see People v. Henry, 95 N.Y.2d 563, 565, 721 N.Y.S.2d 577, 744 N.E.2d 112 ). Viewing the record as a whole, we find that the defendant received meaningful representation (see People v. Benevento, 91 N.Y.2d 708, 713–714, 674 N.Y.S.2d 629, 697 N.E.2d 584 ; People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400 ).
The defendant's contention that the Supreme Court considered improper factors in imposing sentence is unpreserved for appellate review (see CPL 470.05 [2] ; People v. Texidor, 123 A.D.3d 746, 747, 996 N.Y.S.2d 715 ; People v. Garson, 69 A.D.3d 650, 652, 892 N.Y.S.2d 511 ). In any event, the contention is without merit. Moreover, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., HALL, ROMAN and DUFFY, JJ., concur.