Opinion
2014-05-9
The PEOPLE of the State of New York, Respondent, v. Lapadre A. HAMPTON, Jr., Defendant–Appellant.
Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered March 29, 2007. The judgment convicted defendant, upon a jury verdict, of rape in the first degree. Brown & Hutchinson, Rochester (Karen Bailey Turner of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Erin Tubbs of Counsel), for Respondent.
Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered March 29, 2007. The judgment convicted defendant, upon a jury verdict, of rape in the first degree.
Brown & Hutchinson, Rochester (Karen Bailey Turner of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Erin Tubbs of Counsel), for Respondent.
MEMORANDUM:
Defendant appeals from a judgment that convicted him upon a jury verdict of rape in the first degree (Penal Law § 130.35[1] ). Contrary to defendant's contention, County Court properly admitted a knife in evidence “as a model of the knife” used by defendant during the commission of the crime ( People v. Del Vermo, 192 N.Y. 470, 482, 85 N.E. 690;see People v. Felder, 182 A.D.2d 495, 496, 582 N.Y.S.2d 20,lv. denied 80 N.Y.2d 830, 587 N.Y.S.2d 915, 600 N.E.2d 642). We reject defendant's further contention that he was denied effective assistance of counsel. Viewing defense counsel's representation in totality and as of the time of the representation, and in light of defendant's claim that he had consensual sex with the victim ( see People v. Ross, 43 A.D.3d 567, 570, 841 N.Y.S.2d 173,lv. denied 9 N.Y.3d 964, 848 N.Y.S.2d 33, 878 N.E.2d 617), we conclude that defendant received meaningful representation ( see People v. Marra, 96 A.D.3d 1623, 1626–1627, 946 N.Y.S.2d 783,affd. 21 N.Y.3d 979, 971 N.Y.S.2d 491, 994 N.E.2d 387;see generally People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400). We further conclude that the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, and WHALEN, JJ., concur.