| People v Mercure |
| 2008 NY Slip Op 00716 [47 AD3d 950] |
| January 29, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JohnMercure, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Ruth E. Ross, andTziyonah M. Langsam of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.),rendered March 14, 2005, convicting him of rape in the first degree, sodomy in the first degree(two counts), robbery in the first degree, menacing in the second degree, and unlawfulimprisonment in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that he was denied the effective assistance of trial counsel becausehis attorney implied that he might commit perjury. Prior to opening statements, the defensecounsel sought to withdraw from the case, informing the court that, after having conversationswith his client, the defendant would testify in narrative form if he elected to take the stand andcounsel would refrain from commenting on the defendant's testimony in summation. A defendantis not deprived of the effective assistance of counsel when his attorney informs the court that thedefendant intends to commit perjury, and we find that the defendant's trial counsel here handledthe matter appropriately (see People vAndrades, 4 NY3d 355, 360 [2005]; People v DePallo, 96 NY2d 437, 441-442[2001]). Moreover, the record reflects that, under the totality of the circumstances, thedefendant's trial counsel rendered meaningful representation (see People v Caban, 5 NY3d 143, 152 [2005]; People vRivera, 71 NY2d 705, 708-709 [1988]; People v Martinez, 17 AD3d 484, 484-485 [2005]).
The defendant's remaining contentions are without merit. Spolzino, J.P., Ritter, Miller andDickerson, JJ., concur.