Opinion
KA 01-01367
November 15, 2002.
Appeal from a judgment of Oneida County Court (Dwyer, J.), entered June 1, 2001, convicting defendant after a jury trial of, inter alia, kidnapping in the second degree.
SCHAPIRO REICH, ESQS., LINDENHURST (PERRY S. REICH OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL A. ARCURI, DISTRICT ATTORNEY, UTICA (TIMOTHY P. FITZGERALD OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PINE, J.P., WISNER, HURLBUTT, KEHOE, AND BURNS, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him of kidnapping in the second degree (Penal Law § 135.20) and other crimes, defendant contends that he was deprived of effective assistance of counsel. We disagree. Viewing the evidence, the law, and the circumstances of this case, in totality and as of the time of the representation, we conclude that defendant received meaningful representation ( see People v. Benevento, 91 N.Y.2d 708, 712; People v. Baldi, 54 N.Y.2d 137, 147; People v. Latterell, 291 A.D.2d 881, 882, lv denied 98 N.Y.2d 638).