Opinion
2014-02-26
The PEOPLE, etc., respondent, v. Shajeeah ELLIS, appellant.
Lynn W.L. Fahey, New York, N.Y. (Casey Rose Scott of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Diane R. Eisner, and Benjamin A. Berringer of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Casey Rose Scott of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Diane R. Eisner, and Benjamin A. Berringer of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Garnett, J.), rendered February 1, 2011, convicting her of assault in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court did not improvidently exercise its discretion in permitting the People to present rebuttal testimony ( see People v. Hay, 73 A.D.3d 1081, 900 N.Y.S.2d 651;People v. Grindley, 243 A.D.2d 580, 663 N.Y.S.2d 119;People v. Castillo, 215 A.D.2d 575, 626 N.Y.S.2d 562).
The defendant's contention that she did not receive the effective assistance of counsel is without merit ( see People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit. SKELOS, J.P., CHAMBERS, HALL and MILLER, JJ., concur.