| People v Tomlinson |
| 2009 NY Slip Op 08249 [67 AD3d 826] |
| November 10, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Heatherine Tomlinson, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (Lauren E. Dunnock and Andrew R.Kass of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (Freehill, J.),rendered April 18, 2008, convicting her of forgery in the second degree (five counts), identitytheft in the second degree, and criminal possession of stolen property in the fourth degree, upona jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's claims of alleged improprieties in the prosecutor's cross-examination of adefense witness and in summation are unpreserved for appellate review (see CPL 470.05[2]; People v Thompson, 62 AD3d817, 818 [2009]; see also People v Gray, 86 NY2d 10, 19 [1995]). "The defendanteither failed to raise an objection, made only general objections or, when an objection wassustained, failed to request further instructions or move for a mistrial" (People v Thompson,62 AD3d at 818). In any event, the comments and questions complained of do not warrantreversal (see People v Lewis, 48AD3d 483 [2008]; People v Thompson, 62 AD3d at 818).
To the extent that the defendant's claim of ineffective assistance of counsel involves matter[*2]dehors the record, it may not be reviewed on direct appeal(see People v Dashosh, 59 AD3d731 [2009]; People v Monroe,52 AD3d 623 [2008]). To the extent that this claim is reviewable on direct appeal,defense counsel provided meaningful representation (see People v Benevento, 91 NY2d708, 712 [1998]; People v Dashosh,59 AD3d 731 [2009]; People vMonroe, 52 AD3d 623 [2008]). Defense counsel prepared and pursued trial strategiesand defense theories, presented a clear and cogent opening and summation, and adequatelycross-examined the People's witnesses. Hindsight does not elevate counsel's unsuccessful trialstrategies to ineffective assistance of counsel (see People v Dashosh, 59 AD3d 731 [2009]; People v Monroe, 52 AD3d 623[2008]). Dillon, J.P., Dickerson, Belen and Roman, JJ., concur.