Opinion
December 18, 1995
Appeal from the Supreme Court, Queens County (Goldstein, J.).
Ordered that the judgment is affirmed.
The evidence adduced at trial revealed that the defendant was one of several individuals who perpetrated a brutal and senseless assault upon an alleged "crackhead" in a Queens Park. Using a smoldering log that had been removed from a fire in a trash barrel, the defendant repeatedly beat the victim in the head, while other members of the group kicked and pummelled him. When later questioned about the attack, one of the assailants testified that there was "[n]o particular reason" for it, "it just happened". The victim died from multiple skull fractures and blunt impact head injuries.
Contrary to the defendant's contentions, he did not receive ineffective assistance of counsel. Rather, reviewing the totality of the circumstances, it is clear that the defendant received meaningful representation ( see, People v Flores, 84 N.Y.2d 184; People v Diaz, 199 A.D.2d 182).
Furthermore, the imposition of a more severe sentence after trial than that offered to the defendant pursuant to a plea bargain he rejected does not support his claim that he was impermissibly penalized for exercising his right to go to trial ( see, People v Pena, 50 N.Y.2d 400, 411-412, cert denied 449 U.S. 1087; People v Clarke, 195 A.D.2d 569, 571; People v Patterson, 106 A.D.2d 520, 521). Moreover, the sentence was not excessive ( People v Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, are without merit. Miller, J.P., Pizzuto, Joy and Goldstein, JJ., concur.