Opinion
No. 133 SSM 20
09-05-2017
The People & c., Respondent, v. Douglas R. Every, Appellant.
Submitted by William T. Easton, for appellant. Submitted by Kirk O. Martin, for respondent.
Submitted by William T. Easton, for appellant.
Submitted by Kirk O. Martin, for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed. Defendant has failed to meet his burden of "demonstrat[ing] the absence of strategic or other legitimate explanations for counsel's alleged failure[s]" (People v Wragg, 26 NY3d 403, 409 [2015]) and, thus, he cannot prevail on his ineffective assistance of counsel claim. His assertions that County Court erred in charging the jury and deprived him of his constitutional right to present a defense by excluding certain evidence are unpreserved (see People v Angelo, 88 NY2d 217, 222 [1996]; People v Autry, 75 NY2d 836, 839 [1990]). Defendant's remaining arguments have been considered and found to be lacking in merit.
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On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.
Decided September 5, 2017