| People v Gangaram |
| 2015 NY Slip Op 07516 [132 AD3d 776] |
| October 14, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Errol Gangaram, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (Nao Terai of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Johnnette Traill, Nicoletta J. Caferri, and Jonathan K. Yi of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Griffin, J.), rendered March 6, 2013, convicting him of assault in the second degree,leaving the scene of an incident without reporting, failure to stop at a steady red signal,unsafe lane change, reckless driving, aggravated unlicensed operation of a motor vehiclein the third degree, and overtaking a school bus, after a nonjury trial, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant was not denied the effective assistance of counsel. Viewing the recordin its entirety, the defendant received meaningful representation (see People vBenevento, 91 NY2d 708 [1998]; People v Rivera, 71 NY2d 705 [1988]).Contrary to the defendant's contention, counsel's failure to request consideration of thelesser-included offense of assault in the third degree (see Penal Law§ 120.00 [3]) was a matter of strategy and tactics, which ultimately restedwith counsel (see People vColville, 20 NY3d 20, 23 [2012]). Under the facts of this case, counsel'srepresentation cannot be considered ineffective (see People v Ennis, 11 NY3d 403, 415 [2008]; People v Stultz, 2 NY3d277, 287 [2004]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]).
The defendant's remaining contentions are without merit. Dillon, J.P., Chambers,Hall and Hinds-Radix, JJ., concur.