Opinion
2013-06473. Ind. No. 1216/12.
08-30-2017
The PEOPLE, etc., respondent, v. Jackie PICKETT, appellant.
Richard M. Langone, Garden City, NY, for appellant. Madeline Singas, District Attorney, Mineola, NY (Ilisa T. Fleischer and John B. Latella of counsel), for respondent.
Richard M. Langone, Garden City, NY, for appellant.
Madeline Singas, District Attorney, Mineola, NY (Ilisa T. Fleischer and John B. Latella of counsel), for respondent.
RANDALL T. ENG, P.J., REINALDO E. RIVERA, RUTH C. BALKIN, and BETSY BARROS, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J.), rendered June 13, 2013, convicting him of criminal trespass in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's claim that the Supreme Court failed to conduct a sufficient inquiry of certain jurors to determine whether they were grossly unqualified to serve is unpreserved for appellate review, because the defendant did not object to the sufficiency of the court's inquiry or request that any further inquiry be made (see CPL 470.05[2] ; People v. Hicks, 6 N.Y.3d 737, 739, 810 N.Y.S.2d 396, 843 N.E.2d 1136 ). In any event, the defendant's claim regarding the sufficiency of the court's inquiry is without merit (see People v. Williams, 127 A.D.3d 792, 793, 6 N.Y.S.3d 284 ). Additionally, the defendant waived any claim that the court erred in failing to declare a mistrial, or in failing to discharge any of the jurors on the ground of gross disqualification, within the meaning of CPL 270.35(1) (see People v. Wlasiuk, 90 A.D.3d 1405, 1410, 935 N.Y.S.2d 709 ; People v. Hinton, 302 A.D.2d 1008, 1008–1009, 755 N.Y.S.2d 548 ; cf. People v. Prince, 128 A.D.3d 987, 988, 10 N.Y.S.3d 146 ).
The defendant's contention that he was denied the effective assistance of counsel because his trial counsel improperly permitted him to choose whether to move for a mistrial is without merit. The record supports the conclusion that the defendant's trial counsel made the decision to forgo moving for a mistrial after consulting with him (see People v. Colville, 20 N.Y.3d 20, 32, 955 N.Y.S.2d 799, 979 N.E.2d 1125 ; People v. Butler, 140 A.D.3d 472, 472–473, 31 N.Y.S.3d 877 ; People v. Gottsche, 118 A.D.3d 1303, 1304–1305, 987 N.Y.S.2d 736 ). Counsel's representation, viewed in its totality, cannot be considered ineffective (see People v. Clark, 28 N.Y.3d 556, 562–563, 46 N.Y.S.3d 817, 69 N.E.3d 604 ).