Opinion
1045 KA 21-01632
02-10-2023
The PEOPLE of the State of New York, Respondent, v. Travion A. PETERS, Defendant-Appellant.
BRIDGET L. FIELD, ROCHESTER, FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (MARTIN P. MCCARTHY, II, OF COUNSEL), FOR RESPONDENT.
BRIDGET L. FIELD, ROCHESTER, FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (MARTIN P. MCCARTHY, II, OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, CURRAN, AND OGDEN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment, entered after a violation of probation hearing, revoking the sentence of probation imposed on his conviction of attempted criminal possession of a weapon in the second degree ( Penal Law §§ 110.00, 265.03 [3] ) and sentencing him to a determinate term of incarceration, followed by a period of postrelease supervision. We affirm.
We reject defendant's contention that he was deprived of effective assistance of counsel with respect to sentencing. We conclude that "no statement made by defense counsel at sentencing ‘would have had an impact on the sentence imposed’ " ( People v. Saladeen , 12 A.D.3d 1179, 1180, 785 N.Y.S.2d 250 [4th Dept. 2004], lv denied 4 N.Y.3d 767, 792 N.Y.S.2d 11, 825 N.E.2d 143 [2005] ; see People v. Barksdale , 191 A.D.3d 1370, 1373, 141 N.Y.S.3d 608 [4th Dept. 2021], lv denied 36 N.Y.3d 1118, 146 N.Y.S.3d 197, 169 N.E.3d 555 [2021] ; People v. Agee , 129 A.D.3d 1559, 1561, 13 N.Y.S.3d 713 [4th Dept. 2015] ). Based on our review of the entire record, we conclude that " ‘the evidence, the law, and the circumstances of [this] particular case, viewed in totality and as of the time of the representation, reveal that [defendant's attorneys] provided meaningful representation’ " with respect to sentencing ( People v. Benevento , 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584 [1998], quoting People v. Baldi , 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400 [1981] ).
The sentence is not unduly harsh or severe.