| People v Prescott |
| 2009 NY Slip Op 05364 [63 AD3d 1090] |
| June 23, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Ronald Prescott, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas S. Burkaof counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.),rendered May 17, 2006, convicting him of murder in the second degree and criminal possessionof a weapon in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, he was not deprived of effective assistance of counsel(see People v Benevento, 91 NY2d 708, 712 [1998]). "The record in this casedemonstrates that defense counsel effectively cross-examined the People's witnesses, presentedan alibi defense, and made competent opening and closing statements which were consistentwith that defense" (People v Pollard, 220 AD2d 463, 464 [1995]; see People vRyan, 90 NY2d 822, 823-824 [1997]; People v Velez, 197 AD2d 651, 652 [1993];People v Ortiz, 174 AD2d 763, 763 [1991]). Moreover, the "defendant has failed todemonstrate the absence of strategic or other legitimate explanations for counsel's allegedshortcomings" (People v Taylor, 1 NY3d 174, 176 [2003] [internal quotation marksomitted]; see People v Williams, 59 AD3d 576 [2009]; People v Ramjit, 59AD3d 466 [2009]; People v Demolaire, 55 AD3d 621, 622 [2008]; People vColeman, 37 AD3d 489, 490 [2007]). Accordingly, "[the] defendant has failed to establishthat he was denied his constitutional right to effective assistance of counsel" (People vRyan, 90 NY2d 822, 824 [1997]; see People v Rivera, 71 NY2d 705, 708-709[1988]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Rivera, J.P., Florio, Belen and Austin, JJ., concur.