PEOPLE v. PALMER

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Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Jerry PALMER, Defendant-Appellant.

Decided: December 27, 2000

PRESENT:  PIGOTT, JR., P.J., PINE, WISNER, SCUDDER and LAWTON, JJ. Shirley K. Duffy, Syracuse, for defendant-appellant. James P. Maxwell, Syracuse, for plaintiff-respondent.

Defendant appeals from a judgment convicting him after a jury trial of attempted robbery in the third degree (Penal Law §§ 110.00, 160.05).   Contrary to the contention of defendant, the verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   With respect to his contention that he was denied effective assistance of counsel, defendant failed to demonstrate “ ‘the absence of strategic or other legitimate explanations' for counsel's alleged shortcomings” (People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584, quoting People v. Rivera, 71 N.Y.2d 705, 709, 530 N.Y.S.2d 52, 525 N.E.2d 698) and based upon our review of the record we conclude that defendant received meaningful representation (see, People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400).   We further conclude that County Court did not abuse its discretion in denying defendant's requests for a second adjournment of the trial and a continuance to obtain the testimony of a defense witness (see generally, Matter of Anthony M., 63 N.Y.2d 270, 283-284, 481 N.Y.S.2d 675, 471 N.E.2d 447).

Judgment unanimously affirmed.

MEMORANDUM:

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