People v Jefferson

2009 NY Slip Op 00405 [58 AD3d 753]

January 20, 2009

Appellate Division, Second Department

As corrected through Wednesday, March 11, 2009

The People of the State of New York,Respondent, v Roger Jefferson, Appellant.

—[*1]Simpson Thacher & Bartlett LLP, New York, N.Y. (Jonathan K. Youngwood, Juan A.Arteaga, and Margaret H. Nicholls of counsel), and Steven Banks, New York, N.Y. (JohnSchoeffel of counsel), for appellant (one brief filed).

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart ofcounsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County(Rooney, J.), rendered February 8, 2006, convicting him of criminal possession of a weapon inthe third degree and criminal trespass in the third degree, upon a jury verdict, and imposingsentence.

Ordered that the judgment is affirmed.

The defendant was not denied the effective assistance of counsel because his counsel did notobject to the defendant's appearance in court in prison attire until the end of the first day of juryselection (see People v Turner, 5NY3d 476 [2005]; People v Baldi, 54 NY2d 137, 147 [1981]; People v Marshall, 2 AD3d 1157[2003]).

The defendant's remaining contentions are without merit. Mastro, J.P., Fisher, Miller andCarni, JJ., concur.