Opinion
05-31-2017
The PEOPLE, etc., respondent, v. Anthony TRIMBLE, appellant.
Judah Maltz, Kew Gardens, NY, for appellant. Madeline Singas, District Attorney, Mineola, NY (Yael V. Levy and Donald Berk of counsel), for respondent.
Judah Maltz, Kew Gardens, NY, for appellant.
Madeline Singas, District Attorney, Mineola, NY (Yael V. Levy and Donald Berk of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Grella, J.), rendered December 10, 2015, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the Supreme Court did not conduct a sufficient inquiry of a juror who requested a leave of absence in order to attend the funeral of his brother-in-law's mother is unpreserved for appellate review, as the defendant admittedly never requested such an inquiry (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 ; People v. Mebane, 70 A.D.3d 724, 724–725, 894 N.Y.S.2d 105 ; People v. Morales, 36 A.D.3d 631, 632, 831 N.Y.S.2d 77 ). In any event, the contention is without merit (see People v. Argendorf, 76 A.D.3d 1100, 907 N.Y.S.2d 519 ; People v. Morales, 36 A.D.3d at 632, 831 N.Y.S.2d 77 ).
The defendant was not deprived of the effective assistance of counsel (see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 ; People v. Benevento, 91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584 ; 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 ).
RIVERA, J.P., AUSTIN, MILLER and BARROS, JJ., concur.