| People v Martin |
| 2010 NY Slip Op 09791 [79 AD3d 1793] |
| December 30, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v NathanielMartin, Appellant. |
—[*1] Barry L. Porsch, District Attorney, Waterloo, for respondent.
Appeal from a judgment of the Seneca County Court (Dennis F. Bender, J.), renderedSeptember 21, 2009. The judgment convicted defendant, upon a nonjury verdict, of promotingprison contraband 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 bench verdict ofpromoting prison contraband in the first degree (Penal Law § 205.25) and criminalpossession of a weapon in the third degree (§ 265.02). We reject the contention ofdefendant that he was denied effective assistance of counsel. The alleged errors in defensecounsel's representation set forth by defendant in support of his contention are meredisagreements with defense counsel's trial tactics, and defendant has failed to establish "theabsence of strategic or other legitimate explanations" for defense counsel's alleged shortcomings(People v Rivera, 71 NY2d 705, 709 [1988]). Viewing the evidence, the law and thecircumstances of this case, in totality and as of the time of the representation, we conclude thatdefendant received meaningful representation (see generally People v Baldi, 54 NY2d137, 147 [1981]). Contrary to defendant's further contention, the sentence is not unduly harsh orsevere. Present—Martoche, J.P., Centra, Fahey, Lindley and Sconiers, JJ.