| People v Evans |
| 2010 NY Slip Op 00170 [69 AD3d 649] |
| January 5, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Shareef Evans, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J.Caferri, Jennifer Hagan, and Sharon Y. Brodt of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng J.),rendered January 13, 2005, convicting him of manslaughter in the first degree, after a nonjurytrial, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that he was denied the effective assistance of counsel (seeStrickland v Washington, 466 US 668, 687 [1984]; People v Henry, 95 NY2d 563,566 [2000]). To the extent that the defendant's claim of ineffective assistance of counsel involvesmatter dehors the record, it may not be reviewed on direct appeal (see People v Dashosh, 59 AD3d731, 731-732 [2009]; People vMonroe, 52 AD3d 623 [2008]). To the extent that the claim may be reviewed, defensecounsel provided effective assistance (see Strickland v Washington, 466 US at 698-699;People v Benevento, 91 NY2d 708, 712-715 [1998]). The arguments the defendantcontends defense counsel should have advanced would not have resulted in the suppression ofthe defendant's statement (see People vHernandez, 49 AD3d 335, 336 [2008]; People v Ladson, 298 AD2d 314 [2002];People v Richardson, 202 AD2d 958 [1994]; People v Belgenio, 164 AD2d 865,866 [1990]; People v Perry, 77 AD2d 269, 273 [1980]). Counsel's failure to raise thestatute of limitations as a defense to the first-degree manslaughter count reflects a legitimate trialstrategy of a reasonably competent attorney (see People v Turner, 5 NY3d 476, 483-484 [2005]; People vBenevento, 91 NY2d at 712; People v Satterfield, 66 NY2d 796, 799 [1985]).Viewing the record as a whole (see People v Benevento, 91 NY2d at 712; People v Adelman, 36 AD3d 926,928 [2007]), counsel pursued a viable defense strategy, adequately cross-examined the People'switnesses, and provided a cogent summation. Accordingly, the defendant received the effectiveassistance of counsel. Rivera, J.P., Leventhal, Belen and Austin, JJ., concur.