Opinion
2014-05-7
The PEOPLE, etc., respondent, v. Darren WHITNEY, appellant.
Lynn W.L. Fahey, New York, N.Y. (Reyna E. Marder of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Terrence F. Heller of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Reyna E. Marder of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Terrence F. Heller of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice, J.), rendered August 4, 2011, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the trial court's instructions to the jury on the defense of justification were misleading is unpreserved for appellate review ( see CPL 470.05[2]; People v. Bond, 90 N.Y.2d 877, 878, 661 N.Y.S.2d 824, 684 N.E.2d 273;People v. Adams, 55 A.D.3d 616, 867 N.Y.S.2d 450;People v. Henry, 306 A.D.2d 539, 761 N.Y.S.2d 853). In any event, the contention is without merit, as the charge in its entirety conveyed the correct rule to be applied with respect to the justification defense ( see People v. Canty, 60 N.Y.2d 830, 832, 469 N.Y.S.2d 693, 457 N.E.2d 800;People v. Strong, 256 A.D.2d 427, 683 N.Y.S.2d 275).
Accordingly, counsel was not ineffective for failing to object to the charge ( see People v. Cheeseboro, 52 A.D.3d 526, 860 N.Y.S.2d 126). The defendant's attorney 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. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400). BALKIN, J.P., DICKERSON, LEVENTHAL and ROMAN, JJ., concur.