| People v Holley |
| 2008 NY Slip Op 01168 [48 AD3d 481] |
| February 5, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v DerekHolley, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Cristin N.Connell of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Berkowitz,J.), rendered March 10, 2006, convicting him of criminally negligent homicide, upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, he was not deprived of the effective assistance ofcounsel. "[T]he record demonstrates that the defense counsel effectively cross-examined thePeople's witnesses, delivered a cogent opening and closing statement, and presented a plausibledefense" (People v Groonell, 256 AD2d 356, 357 [1998]). Thus, we find that thedefendant received meaningful representation.
The defendant contends that the trial court erred in admitting into evidence photographsdepicting the deceased and the deceased's severed hand. However, any error in the admission ofthese photographs was harmless, as there was overwhelming evidence of the defendant's guilt,and no significant probability that the error contributed to his conviction (see People vCrimmins, 36 NY2d 230, 241-242 [1975]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 85-86[1982]). Mastro, J.P., Santucci, Balkin and Dickerson, JJ., concur.