THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. NATHANIEL MARTIN DEFENDANT APPELLANT

Reset A A Font size: Print

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. NATHANIEL MARTIN, DEFENDANT-APPELLANT.

KA 09-02313

Decided: December 30, 2010

PRESENT:  MARTOCHE, J.P., CENTRA, FAHEY, LINDLEY, AND SCONIERS, JJ. FRANKLIN & GABRIEL, OVID (STEVEN J. GETMAN OF COUNSEL), FOR DEFENDANT-APPELLANT. BARRY L. PORSCH, DISTRICT ATTORNEY, WATERLOO, FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum:  Defendant appeals from a judgment convicting him upon a bench verdict of promoting prison contraband in the first degree (Penal Law § 205.25) and criminal possession of a weapon in the third degree (§ 265.02).   We reject the contention of defendant that he was denied effective assistance of counsel.   The alleged errors in defense counsel's representation set forth by defendant in support of his contention are mere disagreements with defense counsel's trial tactics, and defendant has failed to establish “the absence of strategic or other legitimate explanations” for defense counsel's alleged shortcomings (People v. Rivera, 71 N.Y.2d 705, 709).   Viewing the evidence, the law and the circumstances of this case, in totality and as of the time of the representation, we conclude that defendant received meaningful representation (see generally People v. Baldi, 54 N.Y.2d 137, 147).   Contrary to defendant's further contention, the sentence is not unduly harsh or severe.

Patricia L. Morgan

Clerk of the Court