| People v White |
| 2012 NY Slip Op 03675 [95 AD3d 1045] |
| May 8, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Equarn White, Appellant. |
—[*1]
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Diane R. Eisner, andGibson, Dunn & Crutcher LLP [Brian D. Mogck], of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg,J.), rendered March 19, 2008, convicting him of assault in the first degree, upon a jury verdict,and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that he was deprived of afair trial as a result of the prosecutor eliciting prior consistent statements made by thecomplainant and her sister, which allegedly bolstered their identification of the defendant as theassailant (see CPL 470.05 [2]; People v Mack, 89 AD3d 864, 866 [2011]; People v Parker, 74 AD3d 1365,1365-1366 [2010]), and we decline to reach it in the exercise of our interest of justice jurisdiction(see CPL 470.15 [6]).
" 'The right to effective assistance of counsel is guaranteed by the Federal and StateConstitutions' " (People v Cason, 90AD3d 777, 777 [2011], quoting People v Rivera, 71 NY2d 705, 708 [1988]; seeUS Const Sixth Amend; NY Const, art I, § 6; People v Bowles, 89 AD3d 171 [2011]). "Under the New YorkState standard for the effective assistance of counsel, '[s]o long as the evidence, the law, and thecircumstances of a particular case, viewed in totality and as of the time of the representation,reveal that the attorney provided meaningful representation, the constitutional requirement willhave been met' " (People v Cason, 90 AD3d at 777, quoting People v Baldi, 54NY2d 137, 147 [1981]; see People vBernardez, 85 AD3d 936, 937 [2011]). Contrary to the defendant's contention, he wasnot deprived of the effective assistance of counsel. Upon reviewing the record, we conclude thatcounsel provided meaningful representation insofar as he employed "a trial strategy that mightwell have been pursued by a reasonably competent attorney" (People v Evans, 16 NY3d 571, 575 [2011] [internal quotationmarks omitted], cert denied 565 US —, 132 S Ct 325 [2011]; see People vBenevento, 91 NY2d 708, 712 [1998]; People v Baldi, 54 NY2d at 147; People vCason, 90 AD3d at 777; People vGerrara, 88 AD3d 811 [2011]; see also People v Del, 81 AD3d 468, 469 [2011]; People vTorres, 183 AD2d 862 [1992]). Further, [*2]the defendantwas not deprived of the effective assistance of counsel under the United States Constitution(see Strickland v Washington, 466 US 668 [1984]). Angiolillo, J.P., Dickerson, Belenand Hall, JJ., concur.