People v Dickeson

2011 NY Slip Op 03774 [84 AD3d 1743]

May 6, 2011

Appellate Division, Fourth Department

As corrected through Wednesday, July 6, 2011

The People of the State of New York, Respondent, v Mark L.Dickeson, Appellant.

—[*1]John E. Tyo, Shortsville, for defendant-appellant.

R. Michael Tantillo, District Attorney, Canandaigua (Jeffrey L. Taylor of counsel), forrespondent.

Appeal from a judgment of the Ontario County Court (William F. Kocher, J.), renderedOctober 29, 2008. The judgment convicted defendant, upon a jury verdict, of driving whileintoxicated, a class E felony (two counts).

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, following a jury trial, of twocounts of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [2], [3];§ 1193 [1] [c] [former (i)]), defendant contends that he was denied effective assistance ofcounsel. We reject that contention. Viewing the evidence, the law and the circumstances of thiscase in totality and as of the time of the representation, we conclude that defense counselprovided meaningful representation (see generally People v Baldi, 54 NY2d 137, 147[1981]). Defendant failed to demonstrate the absence of strategic or other legitimate explanationsfor defense counsel's alleged shortcomings (see People v Marcial, 41 AD3d 1308 [2007], lv denied 9NY3d 878 [2007]). Present—Smith, J.P., Peradotto, Lindley, Sconiers and Martoche, JJ.