Opinion
2019-02211 Ind. 922/18
06-02-2021
The People, etc., respondent, v. Anthony Jones, appellant.
Paul Skip Laisure, New York, NY (Patricia Walton of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Sharon Y. Brodt, Aurora Alvarez-Calderon, and Natasha Pooran of counsel), for respondent.
Argued - May 18, 2021
D66660 Y/htr
Paul Skip Laisure, New York, NY (Patricia Walton of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Sharon Y. Brodt, Aurora Alvarez-Calderon, and Natasha Pooran of counsel), for respondent.
COLLEEN D. DUFFY, J.P. VALERIE BRATHWAITE NELSON LINDA CHRISTOPHER PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (John Latella, J.), rendered February 21, 2019, convicting him of assault in the second degree, petit larceny (two counts), and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant was convicted of assault in the second degree, two counts of petit larceny, and criminal possession of a weapon in the fourth degree. The defendant argues that his trial counsel was ineffective for failing to cross-examine the complaining witness as to a portion of his grand jury testimony that was purportedly inconsistent with the witness's trial testimony. However, contrary to the defendant's contention, the witness's grand jury testimony, as recited by trial counsel, was not inconsistent with his trial testimony. Accordingly, the defendant was not deprived of the effective assistance of counsel (see People v Casey, 149 A.D.3d 771, 772).
The sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).
DUFFY, J.P., BRATHWAITE NELSON, CHRISTOPHER and WOOTEN, JJ., concur.