vigorous defense in New York

2014Although defendant’s contention survives his guilty plea to the extent that he contends that his plea was infected by the allegedly ineffective assistance (see People v Neil, 112 AD3d 1335 , 1336 [2013], lv denied 23 NY3d 1040 [2014]; People v Brown, 63 AD3d 1650, 1651 [2009]), we conclude that it lacks merit.

2014Although defendant’s contention survives his guilty plea to the extent that he contends that his plea was infected by the allegedly ineffective assistance (see People v Neil, 112 AD3d 1335 , 1336 [2013], lv denied 23 NY3d 1040 [2014]; People v Brown, 63 AD3d 1650, 1651 [2009]), we conclude that it lacks merit.

2014Regarding defendant’s specific complaints, counsel’s decision to seek a missing witness charge rather than call the Cl as a witness was a matter of trial strategy (see People v Gonzalez, 68 NY2d 424, 427-430 [1986]).

2014Regarding defendant’s specific complaints, counsel’s decision to seek a missing witness charge rather than call the Cl as a witness was a matter of trial strategy (see People v Gonzalez, 68 NY2d 424, 427-430 [1986]).

2009Reviewing the record as an integrated whole, we conclude that defendant received meaningful representation (see People v Benevento, 91 NY2d 708, 712 [1998]; People v Phillips, 55 AD3d 1145, 1148-1149 [2008], lv denied 11 NY3d 899 [2008]). 5 Defendant’s remaining claims have been reviewed and found to be lacking in merit.

2007Defendant received a vigorous defense that comported with the state and federal standards for effective assistance (see People v Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]).

2021In view of the foregoing, and given that the record demonstrates that trial counsel engaged in a thorough cross-examination of the People's witnesses, made appropriate objections, mounted a vigorous defense and made compelling opening and closing arguments, we find that defendant received meaningful representation ( see People v Porter , 184 AD3d at 1018-1019 ; People v Santana , 179 AD3d at 1302-1303 ; People v Stetin , 167 AD3d at 1250-1251).

2020In short, notwithstanding the dark portrait painted by defendant from those and other allegations, the record as a whole reflects that counsel put forth a vigorous defense so as to afford defendant meaningful representation ( see People v Santana , 179 AD3d 1299, 1299-1300 [2020]; People v Flower , 173 AD3d 1449 , 1457 [2019], lv denied 34 NY3d 931 [2019]; People v Shuaib , 111 AD3d 1055, 1057-1058 [2013], lv denied 24 NY3d 1046 [2014]).

2020In short, notwithstanding the dark portrait painted by defendant from those and other allegations, the record as a whole reflects that counsel put forth a vigorous defense so as to afford defendant meaningful representation ( see People v Santana , 179 AD3d 1299, 1299-1300 [2020]; People v Flower , 173 AD3d 1449 , 1457 [2019], lv denied 34 NY3d 931 [2019]; People v Shuaib , 111 AD3d 1055, 1057-1058 [2013], lv denied 24 NY3d 1046 [2014]).

2017A dissenting Justice agreed with the majority that evidence of the State’s wrongdoing is admissible, but expressed concern that, “if we permit the requested charge and ask a jury (in the context of the Supreme Court action) to apportion fault (if any) between defendant, which will be present in the courtroom and which no doubt will present a vigorous defense, and the State, which, as the ‘constitutionally mandated empty chair’ in the courtroom, can neither appear nor offer any defense, an unfair—or, at the very least, skewed—result will occur” ( 132 AD3d at 101 [Egan Jr., J., dissenting]).

2017A dissenting Justice agreed with the majority that evidence of the State's wrongdoing is admissible, but expressed concern that, "if we permit the requested charge and ask a jury (in the context of the Supreme Court action) to apportion fault (if any) between defendant, which will be present in the courtroom and which no doubt will present a vigorous defense, and the State, which, as the 'constitutionally mandated empty chair' in the courtroom, can neither appear nor offer any defense, an unfair -- or, at the very least, skewed -- result will occur" ( 132 AD3d at 101 [Egan, Jr., J., dissenting

2013That being said, we have recognized that a failure to make a significant argument may, in a rare case, result in a finding of constitutionally deficient representation, despite an attorney’s otherwise adequate performance, “but only when the error is sufficiently egregious and prejudicial as to compromise a defendant’s right to a fair trial” (People v Caban, 5 NY3d 143, 152 [2005] [citations omitted]; see People v Turner, 5 NY3d 476 [2005]).

2013That being said, we have recognized that a failure to make a significant argument may, in a rare case, result in a finding of constitutionally deficient representation, despite an attorney’s otherwise adequate performance, “but only when the error is sufficiently egregious and prejudicial as to compromise a defendant’s right to a fair trial” (People v Caban, 5 NY3d 143, 152 [2005] [citations omitted]; see People v Turner, 5 NY3d 476 [2005]).

2011In sum, the Supreme Court found that “it cannot be said that any of [trial counsel’s] tactics were motivated by a desire to assist Gombert.” Effective assistance of counsel is “representation that is reasonably competent, conflict-free and singlemindedly devoted to the client’s best interests” (People v Longtin, 92 NY2d 640, 644 [1998], cert denied 526 US 1114 [1999]; see People v Harris, 99 NY2d 202, 209 [2002]; People v Berroa, 99 NY2d 134, 139 [2002]).

2011In sum, the Supreme Court found that “it cannot be said that any of [trial counsel’s] tactics were motivated by a desire to assist Gombert.” Effective assistance of counsel is “representation that is reasonably competent, conflict-free and singlemindedly devoted to the client’s best interests” (People v Longtin, 92 NY2d 640, 644 [1998], cert denied 526 US 1114 [1999]; see People v Harris, 99 NY2d 202, 209 [2002]; People v Berroa, 99 NY2d 134, 139 [2002]).

2011In sum, the Supreme Court found that “it cannot be said that any of [trial counsel’s] tactics were motivated by a desire to assist Gombert.” Effective assistance of counsel is “representation that is reasonably competent, conflict-free and singlemindedly devoted to the client’s best interests” (People v Longtin, 92 NY2d 640, 644 [1998], cert denied 526 US 1114 [1999]; see People v Harris, 99 NY2d 202, 209 [2002]; People v Berroa, 99 NY2d 134, 139 [2002]).

2009Reviewing the record as an integrated whole, we conclude that defendant received meaningful representation (see People v Benevento, 91 NY2d 708, 712 [1998]; People v Phillips, 55 AD3d 1145, 1148-1149 [2008], lv denied 11 NY3d 899 [2008]). 5 Defendant’s remaining claims have been reviewed and found to be lacking in merit.

2007Defendant received a vigorous defense that comported with the state and federal standards for effective assistance (see People v Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]).

2003Co., 257 AD2d 70, 73 [1999]).