| People v Cason |
| 2011 NY Slip Op 09143 [90 AD3d 777] |
| December 13, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v TyrelCason, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Yael V. Levy, Kelley E. Walsh, andJessica H. Zafonte of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Carter, J.),rendered April 27, 2007, convicting him of manslaughter in the second degree, criminalpossession of a weapon in the second degree, and criminal possession of a weapon in the thirddegree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
"The right to effective assistance of counsel is guaranteed by the Federal and StateConstitutions" (People v Rivera, 71 NY2d 705, 708 [1988]; see US Const SixthAmend; NY Const, art I, § 6; People v Bowles, 89 AD3d 171 [2d Dept 2011]).Under the New York State standard for the effective assistance of counsel, "[s]o long as theevidence, the law, and the circumstances of a particular case, viewed in totality and as of the timeof the representation, reveal that the attorney provided meaningful representation, theconstitutional requirement will have been met" (People v Baldi, 54 NY2d 137, 147[1981]; see People v Bernardez, 85AD3d 936, 937 [2011], lv denied 17 NY3d 857 [2011]). Contrary to the defendant'scontention, he was not deprived of the effective assistance of counsel. Upon reviewing the recordhere, we find that counsel provided meaningful representation insofar as he employed "a trialstrategy that might well have been pursued by a reasonably competent attorney" (People v Evans, 16 NY3d 571,575 [2011] [internal quotation marks omitted], cert denied 565 US —, 132 S Ct325 [2011]; see People v Benevento, 91 NY2d 708, 712 [1998]; People v Baldi,54 NY2d at 147; People v Gerrara,88 AD3d 811 [2011]). Further, the defendant was not deprived of the effective assistance ofcounsel under the Federal Constitution (see Strickland v Washington, 466 US 668[1984]).
The sentence imposed was not excessive (see People v Delgado, 80 NY2d 780, 783[1992]; People v Mulleavey, 50AD3d 826, 827 [2008]; People v Miranda, 213 AD2d 560, 561 [1995]; People vSuitte, 90 AD2d 80 [1982]). Dillon, J.P., Eng, Belen and Austin, JJ., concur.