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People v. Franzone

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 23, 2008

THE PEOPLE, ETC., RESPONDENT,
v.
VINCENT FRANZONE, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered January 12, 2007, convicting him of aggravated criminal contempt, upon a jury verdict, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., STEVEN W. FISHER, HOWARD MILLER and EDWARD D. CARNI, JJ.

(Ind. No. 231/05)

DECISION & ORDER

ORDERED that the judgment is affirmed.

Inasmuch as "the evidence, the law, and the circumstances of [the] case, viewed in totality and as of the time of the representation, reveal that [his] attorney provided meaningful representation," the defendant's claim that he was denied the effective assistance of counsel is without merit (People v Baldi, 54 NY2d 137, 147; see People v Alexander,AD3d, 2008 NY Slip Op 09413 [2d Dept 2008]; People v Williams, 299 AD2d 569). Defense counsel chose a reasonable strategy and competently pursued it (see People v Alexander,AD3d, 2008 NY Slip Op 09413, *1-2 [2d Dept 2008]).

MASTRO, J.P., FISHER, MILLER and CARNI, JJ., concur.

20081223

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