Opinion
2017-10337 Ind. No. 6039/16
10-09-2019
The PEOPLE, etc., Respondent, v. Jeremiah ROBINSON, Appellant.
Craig S. Leeds, New York, NY, for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Ruth E. Ross, and Daniel Berman of counsel), for respondent.
Craig S. Leeds, New York, NY, for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Ruth E. Ross, and Daniel Berman of counsel), for respondent.
REINALDO E. RIVERA, J.P., RUTH C. BALKIN, JEFFREY A. COHEN, ROBERT J. MILLER, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Kings County (Danny K. Chun, J.), rendered August 3, 2017, convicting him of robbery in the first degree (three counts), upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that he was deprived of the effective assistance of counsel at the time of sentencing is without merit. The defendant failed "to demonstrate the absence of strategic or other legitimate explanations" for defense counsel's alleged shortcomings at the sentencing proceeding ( People v. Rivera , 71 N.Y.2d 705, 709, 530 N.Y.S.2d 52, 525 N.E.2d 698 ). Under the circumstances, the defendant failed to establish that he received ineffective assistance of counsel under either federal or state constitutional standards (see generally Strickland v. Washington , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 ; People v. Burley , 118 A.D.3d 720, 721, 986 N.Y.S.2d 853 ).
The sentence imposed was not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., BALKIN, COHEN and MILLER, JJ., concur.