| People v Whitney |
| 2014 NY Slip Op 03289 [117 AD3d 762] |
| May 7, 2014 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Darren Whitney, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (Reyna E. Marder of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, VictorBarall, and Terrence F. Heller of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (DelGiudice, J.), rendered August 4, 2011, convicting him of assault in the first degree, upona jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the trial court's instructions to the jury on the defenseof justification were misleading is unpreserved for appellate review (see CPL470.05 [2]; People v Bond, 90 NY2d 877, 878 [1997]; People v Adams, 55 AD3d616 [2008]; People v Henry, 306 AD2d 539 [2003]). In any event, thecontention is without merit, as the charge in its entirety conveyed the correct rule to beapplied with respect to the justification defense (see People v Canty, 60 NY2d830, 832 [1983]; People v Strong, 256 AD2d 427 [1998]).
Accordingly, counsel was not ineffective for failing to object to the charge (see People v Cheeseboro, 52AD3d 526 [2008]). The defendant's attorney provided meaningful representation(see People v Benevento, 91 NY2d 708 [1998]; People v Baldi, 54 NY2d137 [1981]). Balkin, J.P., Dickerson, Leventhal and Roman, JJ., concur.