People v Mason

People v Mason 2007 NY Slip Op 02241 [38 AD3d 1260] March 16, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 9, 2007

The People of the State of New York, Respondent, v Kirk Mason, Appellant.

—[*1] Frank H. Hiscock, Legal Aid Society, Syracuse (Shirley K. Duffy of counsel), for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (Lauren J. LaPaglia, James P. Maxwell, of counsel), for respondent.

Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered November 10, 2004. The judgment convicted defendant, upon a jury verdict, of sexual abuse in the first degree and endangering the welfare of a child.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of sexual abuse in the first degree (Penal Law § 130.65 [3]) and endangering the welfare of a child (§ 260.10 [1]). Contrary to defendant's contention, the verdict is not against the weight of the evidence (see People v Peckham, 8 AD3d 1121 [2004], lv denied 3 NY3d 679 [2004]; People v Pope [appeal No. 1], 6 AD3d 1128 [2004], lv denied 3 NY3d 645 [2004]; People v Jackson, 4 AD3d 848, 849 [2004], lv denied 2 NY3d 801 [2004]; see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Contrary to his further contention, defendant was not deprived of effective assistance of counsel. "[T]he evidence, the law, and the circumstances of [this] case, viewed in totality and as of the time of the representation, reveal that [defendant's] attorney provided meaningful representation" (People v Baldi, 54 NY2d 137, 147 [1981]; see generally People v Henry, 95 NY2d 563, 565 [2000]). Present—Hurlbutt, J.P., Martoche, Smith, Fahey and Green, JJ.