Opinion
No. 2006-09076.
July 22, 2008.
Appeal by the defendant from a judgment of the County Court, Westchester County (Bellantoni, J.), rendered August 23, 2006, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wager, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.
Before: Skelos, J.P., Covello, Leventhal and Belen, JJ.
Ordered that the judgment is affirmed.
The defendant's contention that the testimony of a jailhouse informant was improperly admitted at trial because the informant was an agent of the police is without merit ( see Massiah v United States, 377 US 201, 206; People v Cardona, 41 NY2d 333, 335; People v Lewis, 273 AD2d 254, 254-255; People v Flores-Ossa, 234 AD2d 315, 316; People v Halstead, 180 AD2d 818).
Contrary to the defendant's contention, he was not denied the effective assistance of counsel ( see People v Baldi, 54 NY2d 137, 147; People v Walker, 35 AD3d 512; People v Hyatt, 2 AD3d 749, 750).