| People v Anthony |
| 2010 NY Slip Op 05101 [74 AD3d 1795] |
| June 11, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Robert E.Anthony, Appellant. |
—[*1] Robert E. Anthony, defendant-appellant pro se. R. Michael Tantillo, District Attorney, Canandaigua (James B. Ritts of counsel), forrespondent.
Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered May 19,2008. The judgment convicted defendant, upon a jury verdict, of burglary in the first degree (twocounts), assault in the first degree and criminal possession of a weapon in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of,inter alia, two counts of burglary in the first degree (Penal Law § 140.30 [2], [3]). Byfailing to object to County Court's ultimate Sandoval ruling, defendant failed to preservefor our review his contention that the ruling constitutes an improvident exercise of discretion (see People v Walker, 66 AD3d1331 [2009], lv denied 13 NY3d 942 [2010]). We decline to exercise our power toreview that contention as a matter of discretion in the interest of justice (see CPL 470.15[6] [a]).
We reject the further contention of defendant that he was denied effective assistance ofcounsel. Viewing the evidence, the law, and the circumstances of this case in totality and as ofthe time of the representation, we conclude that defendant received meaningful representation(see generally People v Baldi, 54 NY2d 137, 147 [1981]; People v Workman,277 AD2d 1029, 1032 [2000], lv denied 96 NY2d 764 [2001]).
Contrary to defendant's contention, the evidence is legally sufficient to support theconviction (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Viewing theevidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d342, 349 [2007]), we reject defendant's further contention that the verdict is against theweight of the evidence (see generally Bleakley, 69 NY2d at 495). Finally, the sentence isnot unduly harsh or severe. Present—Martoche, J.P., Smith, Centra, Sconiers and Pine, JJ.