Opinion
No. KA 05-00427.
March 16, 2007.
Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered November 10, 2004. The judgment convicted defendant, upon a jury verdict, of sexual abuse in the first degree and endangering the welfare of a child.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (SHIRLEY K. DUFFY OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (LAUREN J. LA PAGLIA, JAMES P. MAXWELL, OF COUNSEL), FOR RESPONDENT.
Present — Hurlbutt, J.P., Martoche, Smith, Fahey and Green, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of sexual abuse in the first degree (Penal Law §§ 130.65) and endangering the welfare of a child (§§ 260.10 [1]). Contrary to defendant's contention, the verdict is not against the weight of the evidence (see People v Peckham, 8 AD3d 1121, lv denied 3 NY3d 679; People v Pope [appeal No. 1], 6 AD3d 1128, lv denied 3 NY3d 645; People v Jackson, 4 AD3d 848, 849, lv denied 2 NY3d 801; see generally People v Bleakley, 69 NY2d 490, 495). Contrary to his further contention, defendant was not deprived of effective assistance of counsel. "[T]he evidence, the law, and the circumstances of [this] case, viewed in totality and as of the time of the representation, reveal that [defendant's] attorney provided meaningful representation" ( People v Baldi, 54 NY2d 137, 147; see generally People v Henry, 95 NY2d 563, 565).