Opinion
No. 133 SSM 20.
09-05-2017
The PEOPLE & c., Respondent, v. Douglas R. EVERY, Appellant.
Easton Thompson Kasperek Shiffrin LLP, Rochester (William T. Easton and Danielle C. Wild of counsel), for appellant. Kirk O. Martin, District Attorney, Owego, for respondent.
Easton Thompson Kasperek Shiffrin LLP, Rochester (William T. Easton and Danielle C. Wild of counsel), for appellant.
Kirk O. Martin, District Attorney, Owego, for respondent.
MEMORANDUM:The order of the Appellate Division should be affirmed. Defendant has failed to meet his burden of "demonstrat[ing] the absence of strategic or other legitimate explanations for counsel's alleged failure[s]" ( People v. Wragg, 26 N.Y.3d 403, 409, 23 N.Y.S.3d 600, 44 N.E.3d 898 [2015] ) and, thus, he cannot prevail on his ineffective assistance of counsel claim. His assertions that County Court erred in charging the jury and deprived him of his constitutional right to present a defense by excluding certain evidence are unpreserved (see People v. Angelo, 88 N.Y.2d 217, 222, 88 N.Y.2d 217, 666 N.E.2d 1333 [1996] ; People v. Autry, 75 N.Y.2d 836, 839, 552 N.Y.S.2d 908, 552 N.E.2d 156 [1990] ). Defendant's remaining arguments have been considered and found to be lacking in merit.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11 ), order affirmed, in a memorandum.
Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA, WILSON and FEINMAN concur.