People v Holmes

People v Holmes 2009 NY Slip Op 00707 [59 AD3d 462] February 3, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 1, 2009

The People of the State of New York, Respondent,
v
Reginald Holmes, Appellant.

—[*1] Lynn W. L. Fahey, New York, N.Y. (Sarah J. Berger of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel; Fletcher Strong on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.), rendered November 16, 2006, convicting him of bail jumping in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court did not err in admitting a copy of his passport into evidence. The passport evidence was properly admitted for the relevant, nonhearsay purposes of establishing the reasons for the testifying police officer's actions and explaining the events which precipitated the defendant's arrest (see generally People v Smalls, 293 AD2d 500 [2002]; People v Justice, 202 AD2d 362 [1994]).

Similarly unavailing is the defendant's contention that he was denied the effective assistance of counsel. Viewing the record of the trial proceedings in its totality, we find that the defendant was afforded meaningful representation (see People v Baldi, 54 NY2d 137 [1981]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant's remaining contentions are unpreserved for appellate review (see CPL 470.05 [2]), [*2]and we decline to reach them in the exercise of our interest of justice jurisdiction. Mastro, J.P., Florio, Balkin and Eng, JJ., concur.