Opinion
No. 73 SSM 6 No. 74 SSM 7
03-23-2017
The People & c., Respondent, v. Elmer Castillo, Appellant. The People & c., Respondent, v. Brian Degraffenreid, Appellant.
Submitted by Akash M. Toprani, for appellant. Submitted by Lori Ann Farrington, for respondent. Submitted by Barbara Zolot, for appellant. Submitted by Lori Ann Farrington, for respondent.
Case No. 73 SSM 6:
Submitted by Akash M. Toprani, for appellant.
Submitted by Lori Ann Farrington, for respondent.
Case No. 74 SSM 7:
Submitted by Barbara Zolot, for appellant.
Submitted by Lori Ann Farrington, for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed in each case. Co-defendants Elmer Castillo and Brian Degraffenreid appeal from orders of the Appellate Division affirming their convictions for manslaughter in the second degree. Co-defendants' challenge to the trial court's general charge on causation is unpreserved, and there was no mode of proceedings error (see People v Gray, 86 NY2d 10, 19 [1995]; see also People v Thomas, 50 NY2d 467, 472 [1980]; People v Patterson, 39 NY2d 288, 295 [1976]). In addition, defense counsel's failure to object to the charge does not constitute ineffective assistance, as the jury instructions, viewed in totality, neither improperly shifted the burden to co-defendants nor relieved the People of their burden to prove guilt beyond a reasonable doubt (see Thomas, 50 NY2d at 472; see also People v Drake, 7 NY3d 28, 34-35 [2006]). Additionally, co-defendants' remaining ineffective assistance of counsel claims are without merit as both co-defendants received meaningful representation (see People v Baldi, 54 NY2d 137, 147 [1981]; see also People v Benevento, 91 NY2d 708, 714 [1998]; People v Mahboubian, 74 NY2d 174, 183-184 [1989]; People v Stultz, 2 NY3d 277, 287 [2004]).
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For Each Case: On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey, Garcia and Wilson concur.
Decided March 23, 2017