Opinion
2000-01564
Argued December 10, 2002.
December 30, 2002.
Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered December 21, 1999, convicting him of kidnapping in the second degree, assault in the second degree, criminal use of a firearm in the first degree, criminal possession of a weapon in the third degree, and criminal possession a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.
Kevin P. Gilleece, White Plains, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Lois Cullen Valerio and Richard Longworth Hecht of counsel), for respondent.
Before: DAVID S. RITTER, J.P., DANIEL F. LUCIANO, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the conduct of his codefendant's attorney during the trial was prejudicial to him is unpreserved for appellate review (see CPL 470.05), and, in any event, is without merit (cf. People v. Taylor, 164 A.D.2d 953; People v. Wise, 64 A.D.2d 272).
Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15).
The defendant was not deprived of his right to the effective assistance of counsel (see People v. Benevento, 91 N.Y.2d 708; People v. Baldi, 54 N.Y.2d 137; cf. People v. Burnette, 124 A.D.2d 1040; People v. Ruth, 83 A.D.2d 746).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is unpreserved for appellate review (see CPL 470.05), and, in any event, is without merit (cf. Penal Law § 10.00; People v. Lynch, 116 A.D.2d 56).
RITTER, J.P., LUCIANO, COZIER and RIVERA, JJ., concur.