| People v Taylor |
| 2014 NY Slip Op 01203 [114 AD3d 886] |
| February 19, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Eugene Taylor, Appellant. |
—[*1] Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove andThomas M. Ross of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Reichbach, J.), rendered June 13, 2011, convicting him of murder in the second degreeand criminal possession of a weapon in the second degree, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the Supreme Court erred in permitting the People topresent the testimony of two witnesses in rebuttal of his alibi witness, despite thePeople's failure to provide notice of the rebuttal witnesses pursuant to CPL 250.20 (2), isunpreserved for appellate review (see CPL 470.05 [2]; People vPaterson, 227 AD2d 348, 349 [1996]). In any event, the contention is without merit."Under CPL 250.20 (3), (4), a trial court, in its discretion, may receive the testimony of awitness rebutting an alibi witness even if the People failed to serve notice of their intentto call the rebuttal witness" (People v Vasquez, 189 AD2d 578, 578 [1993],affd as mod 83 NY2d 269 [1994]) where, as here, the rebuttal witness'stestimony directly contradicts the alibi testimony and goes to a " 'material, core issue inthe case—defendant's whereabouts at the time of the crime' " (id. at 578,quoting People v Cade, 73 NY2d 904, 905 [1989]; see People v Brooks,210 AD2d 800, 802-803 [1994]).
The defendant's contention that he was deprived of the effective assistance ofcounsel based on defense counsel's failure to object to the rebuttal testimony is withoutmerit (see People v Caban,5 NY3d 143, 152 [2005]). Viewed in totality, defense counsel provided meaningfulrepresentation (see People v Benevento, 91 NY2d 708, 712 [1998]; People vBaldi, 54 NY2d 137, 147 [1981]). Mastro, J.P., Rivera, Sgroi and Cohen, JJ., concur.