PEOPLE v. NEAL (1998)

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

The PEOPLE, etc., Respondent, v. Lewis Robert O'NEAL, Appellant.

Decided: November 09, 1998

Before RITTER, J.P., and THOMPSON, SANTUCCI and JOY, JJ.

Meyer & Spencer, Hawthorne, N.Y. (James T. Meyer of counsel), for appellant. Jeanine Pirro, District Attorney, White Plains, N.Y. (Gregory Babikian and Maryanne Luciano of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Smith, J.), rendered December 18, 1996, convicting him of sexual abuse in the first degree (four counts) and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Viewing the evidence, the law, and the circumstances of the case in totality, we are satisfied that the defendant was afforded meaningful and effective representation by his attorney (see, People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400). Furthermore, the trial court did not improvidently exercise its discretion by striking improperly-elicited bolstering testimony, instead of granting the defendant's request for a mistrial (see, People v. Dupree, 162 A.D.2d 944, 559 N.Y.S.2d 207).

The defendant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.

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