PEOPLE v. MARTINEZ (1999)

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. Angel MARTINEZ, Defendant-Appellant.

Decided: March 31, 1999

PRESENT: DENMAN, P.J., LAWTON, HAYES, PIGOTT, JR., and SCUDDER, JJ.

Charles Thomas Noce of counsel, Law Office of Charles T. Noce, Rochester, for defendant-appellant. Elizabeth Ryniker Clifford of counsel, Monroe County District Attorney's Office, Rochester, for plaintiff-respondent.

We reject the contention of defendant that he was denied effective assistance of counsel. Upon our review of the evidence, the law, and the circumstances of this case, viewed in totality and as of the time of the representation, we conclude that defendant received meaningful representation (see, People v. Rivera, 71 N.Y.2d 705, 708-709, 530 N.Y.S.2d 52, 525 N.E.2d 698; People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400). Indeed, three of the four alleged instances of ineffective assistance were caused by defendant's absence from the trial.

Judgment unanimously affirmed.

MEMORANDUM:

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