THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. SUSAN DEFENDANT APPELLANT (2023)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SUSAN C., DEFENDANT-APPELLANT.

526 Decided: June 30, 2023

PRESENT: SMITH, J.P., LINDLEY, CURRAN, BANNISTER, AND OGDEN, JJ.

KEEM APPEALS, PLLC, SYRACUSE (BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (ELISABETH DANNAN OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed.

Memorandum: On appeal from an order denying her application for resentencing pursuant to the Domestic Violence Survivors Justice Act (see CPL 440.47), defendant contends that she was denied meaningful representation at the hearing on the application. We reject that contention. Viewing the evidence, the law, and the circumstances of this case in totality and as of the time of representation, we conclude that defense counsel provided defendant with meaningful representation (see generally People v Baldi, 54 NY2d 137, 147 [1981]).

Entered: June 30, 2023

Ann Dillon Flynn

Clerk of the Court

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