People v Herbert

People v Herbert 2013 NY Slip Op 06591 Decided on October 9, 2013 Appellate Division, Second Department 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.

Decided on October 9, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS, JJ.
2009-01957
(Ind. No. 12235/07)

[*1]The People of the State of New York, respondent,

v

Marquis Herbert, appellant.




Lynn W. L. Fahey, New York, N.Y. (De Nice Powell of counsel),
for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove, Howard B. Goodman, and
Allison Ageyeva of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered February 19, 2009, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he was not denied the effective assistance of trial counsel. Rather, viewing the circumstances of the case in their totality, the record does not support the conclusion that the defendant was deprived of meaningful representation (see People v Caban, 5 NY3d 143, 152; People v Baldi, 54 NY2d 137, 147).

The defendant's remaining contentions are unpreserved for appellate review (see CPL 470.05[2]; People v West, 56 NY2d 662, 663; People v Cox, 54 AD3d 684; People v Carter, 44 AD3d 677), and we decline to reach them in the exercise of our interest of justice jurisdiction.
MASTRO, J.P., DILLON, ANGIOLILLO and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court