PEOPLE v. CARMAN (2022)

Court of Appeals of New York.

The PEOPLE of the State of New York, Respondent, v. Peter CARMAN, Appellant.

No. 58 SSM 3

Decided: April 21, 2022

Law Offices of Richard L. Herzfeld, P.C., New York City (Richard L. Herzfeld of counsel), for appellant. Raymond A. Tierney, District Attorney, Riverhead (Edward A. Bannan of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM:

The order of the Appellate Division should be affirmed, without costs, and the certified question not answered as unnecessary.

Assuming, without deciding, that defendant was entitled to the effective assistance of counsel in this proceeding pursuant to article 6–C of the Correction Law, defendant failed to demonstrate that he was deprived of meaningful representation (see People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584 [1998]). Defendant's remaining contentions have been considered and are without merit.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, without costs, and certified question not answered as unnecessary.

Chief Judge DiFiore and Judges Garcia, Singas, Cannataro and Troutman concur. Judges Rivera and Wilson dissent for reasons stated in the dissenting opinion by Justice Betsy Barros at the Appellate Division (People v. Carman, 194 A.D.3d 760, 763–767, 147 N.Y.S.3d 119 [2021, Barros, J., dissenting]).

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