Opinion
04-01-2015
The PEOPLE, etc., respondent, v. Joseph BUDRISS, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Louis E. Mazzola of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Louis E. Mazzola of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.
Opinion Appeal by the defendant from a judgment of the County Court, Suffolk County (Toomey, J.), rendered July 18, 2012, convicting him of burglary in the third degree, criminal mischief in the third degree, and resisting arrest, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, defense counsel was not ineffective. Counsel engaged in appropriate pretrial motion practice, including a Sandoval hearing (see People v. Sandoval, 34 N.Y.2d 371, 357 N.Y.S.2d 849, 314 N.E.2d 413 ), made appropriate objections during trial, and set forth a defense in his closing statement (see People v. Lee, 105 A.D.3d 870, 962 N.Y.S.2d 696 ; People v. Jenkins, 103 A.D.3d 753, 958 N.Y.S.2d 904 ). Viewed in totality and as of the time of the representation, counsel provided 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. Robles, 116 A.D.3d 1071, 983 N.Y.S.2d 885 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
The defendant's remaining contention is unpreserved and, in any event, without merit.
MASTRO, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.