Opinion
01-28-2015
The PEOPLE, etc., respondent, v. Sean R. GATEWOOD, appellant.
Sean R. Gatewood, Poughkeepsie, N.Y., appellant pro se. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Sean R. Gatewood, Poughkeepsie, N.Y., appellant pro se.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Opinion Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered January 5, 2010, convicting him of assault in the third degree and leaving the scene of an incident without reporting, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the grand jury proceeding did not fail to conform to the requirements of CPL article 190 to such a degree that the integrity thereof was impaired (see People v. McCormick, 117 A.D.3d 754, 754–755, 984 N.Y.S.2d 618 ). To the extent that the defendant contends that the evidence presented to the grand jury was legally insufficient, there is no appellate review of this issue as the defendant's guilt was proven beyond a reasonable doubt at trial (see CPL 210.30[6] ; People v. Birot, 99 A.D.3d 933, 934, 952 N.Y.S.2d 293 ; People v. Bajana, 82 A.D.3d 1111, 1112, 919 N.Y.S.2d 194 ).
Moreover, the defendant was not deprived of the effective assistance of counsel, as defense counsel provided meaningful representation (see People v. Benevento, 91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584 ; People v. West, 105 A.D.3d 781, 961 N.Y.S.2d 785 ; People v. Prescott, 63 A.D.3d 1090, 880 N.Y.S.2d 567 ; People v. Velez, 197 A.D.2d 651, 652, 602 N.Y.S.2d 689 ).
LEVENTHAL, J.P., HALL, AUSTIN and SGROI, JJ., concur.