| People v Valath |
| 2008 NY Slip Op 08768 [56 AD3d 578] |
| November 12, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v BijuC. Valath, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and BarbaraKornblau of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Sher, J.),rendered October 10, 2007, convicting him of menacing in the third degree (two counts), upon ajury verdict, and imposing sentence.
Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court,Nassau County, for further proceedings pursuant to CPL 460.50 (5).
Contrary to the defendant's contention, the evidence regarding a prior incident at the home ofthe defendant's family was properly admitted to establish his intent to place the complainant infear for her physical safety or life (see Penal Law § 120.15) and to enable the juryto understand the nature of the defendant's relationship with the victim (see People v Ortiz,290 AD2d 460 [2002]; People v Shorey, 172 AD2d 634 [1991]). The defendant'sadditional contentions regarding evidence of prior uncharged acts are unpreserved for appellatereview (see CPL 470.05 [2]; People v Dahlbender, 23 AD3d 493 [2005]; People v Webb,203 AD2d 606 [1994]) and, in any event, are without merit (see People v Acevedo,32 NY2d 941 [1973]; People v Hall, 299 AD2d 493 [2002]).
The defendant received the effective assistance of counsel under the state and federalstandards (see People v Benevento, 91 NY2d 708, 713-714 [1998]; see alsoStrickland v Washington, 466 [*2]US 668 [1984]). Thedefendant failed to demonstrate that he was denied meaningful representation or that there wereno strategic or other legitimate explanations for counsel's alleged shortcomings (see People vBenevento, 91 NY2d 708 [1998]; People v Baldi, 54 NY2d 137, 147 [1981]; People v Williams, 8 NY3d 854,855-856 [2007]; People v Taylor, 1NY3d 174, 177 [2003]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Lifson, J.P., Santucci, Balkin and Belen, JJ., concur.