People v Rodriguez
2009 NY Slip Op 09053 [68 AD3d 789]
December 1, 2009
Appellate Division, Second Department
As corrected through Wednesday, February 10, 2010


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

[*1]Lynn W.L. Fahey, New York, N.Y. (Jonathan M. Kratter of counsel), for appellant, andappellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Karol B. Mangum,and Ruth E. Ross of counsel; Irina Knopp on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.),rendered May 9, 2005, convicting him of murder in the second degree, upon a jury verdict, andimposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his due process rights were violated by the detective's failure tovideotape his interrogation. This argument is unpreserved for appellate review (see CPL470.05 [2]) and, in any event, is without merit (see People v Hodges, 58 AD3d 642 [2009]; People v Nelson, 52 AD3d 534[2008]; People v Rosas, 30 AD3d545 [2006], affd 8 NY3d 493 [2007]).

The defendant failed to demonstrate that he was denied the effective assistance of counsel(see People v Benevento, 91 NY2d 708, 712 [1998]; People v Baldi, 54 NY2d137 [1981]). A review of the record in its entirety reveals that defense counsel providedmeaningful representation (see People v Rios, 213 AD2d 726 [1995]; People vAbdullah, 100 AD2d 550 [1984], cert denied 474 US 919 [1985]; People vTonge, 93 NY2d 838, 840 [1999]).

The defendant's remaining contentions, raised in his supplemental pro se brief, are withoutmerit. Skelos, J.P., Eng, Leventhal and Chambers, JJ., concur. [Prior Case History: 7 Misc3d 1005(A), 2005 NY Slip Op 50461(U).]


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