Opinion
2002-10715.
Decided May 24, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered October 22, 2002, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
Sullivan Brill, LLP, New York, N.Y. (Steven Brill of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Monique Ferrell of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SANDRA L. TOWNES, WILLIAM F. MASTRO PETER B. SKELOS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court did not deny him his fundamental right to present a defense because it precluded certain questions regarding the flight of two other men who were in the car with him when he was arrested. The defendant had the opportunity to fully present to the jury the fact that police were unable to apprehend one man who fled when police stopped the defendant's car, and that codefendant Rudy Sylvain also attempted to flee, but was caught a short distance away. Thus, the defendant fully presented his defense that he did not participate in the robbery of the complainant, and that these other two men robbed the complainant ( see People v. Sawyer, 304 A.D.2d 775; People v. Young, 295 A.D.2d 631).
The defendant was not denied the effective assistance of counsel ( see People v. Taylor, 1 N.Y.3d 174, 177; People v. Henry, 95 N.Y.2d 563; People v. Benevento, 91 N.Y.2d 708; People v. Baldi, 54 N.Y.2d 137, 147).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
RITTER, J.P., TOWNES, MASTRO and SKELOS, JJ., concur.