record reveals defense in New York

2026The defendant's contention that he was deprived of the effective assistance of counsel is without merit, as the record reveals that defense counsel provided meaningful representation ( see People v Benevento , 91 NY2d 708, 712), and the defendant was not deprived of the effective assistance of counsel under the United States Constitution ( see Strickland v Washington , 466 US 668).

2026The defendant's contention that he was deprived of the effective assistance of counsel is without merit, as the record reveals that defense counsel provided meaningful representation ( see People v Benevento , 91 NY2d 708, 712), and the defendant was not deprived of the effective assistance of counsel under the United States Constitution ( see Strickland v Washington , 466 US 668).

2020The record reveals that defense counsel provided meaningful representation ( see People v Benevento , 91 NY2d 708 ; People v Baldi , 54 NY2d 137 ).

2019A review of the record reveals that defense counsel provided meaningful representation ( see People v Benevento , 91 NY2d 708 ; People v Baldi , 54 NY2d 137 ).

2017The record reveals that defense counsel provided meaningful representation (see People v Taylor, 1 NY3d at 176 ; People v Benevento, 91 NY2d 708, 712-714 [1998]; People v Williams, 123 AD3d at 1154 ).

2017The record reveals that defense counsel provided meaningful representation (see People v Taylor, 1 NY3d at 176 ; People v Benevento, 91 NY2d 708, 712-714 [1998]; People v Williams, 123 AD3d at 1154 ).

2016The record reveals that defense counsel provided meaningful representation (see People v Taylor, 1 NY3d 174, 176-177 [2003]; People v Benevento, 91 NY2d at 712 ; People v Cruz, 127 AD3d 987, 988 [2015]).

2016The record reveals that defense counsel provided meaningful representation (see People v Taylor, 1 NY3d 174, 176-177 [2003]; People v Benevento, 91 NY2d at 712 ; People v Cruz, 127 AD3d 987, 988 [2015]).

2014The petitioner failed to demonstrate that the hearing officer was biased, as the record reveals that the hearing was conducted in a fair and impartial manner and that the determination was not the result of any alleged bias on the part of the hearing officer (see Matter of Harris v Kaplin, 102 AD3d 692, 693 [2013]; Matter of Carlisle v Lee, 96 AD3d 837 [2012]; Matter of Reyes v Leclaire, 49 AD3d at 885).

2014The petitioner failed to demonstrate that the hearing officer was biased, as the record reveals that the hearing was conducted in a fair and impartial manner and that the determination was not the result of any alleged bias on the part of the hearing officer (see Matter of Harris v Kaplin, 102 AD3d 692, 693 [2013]; Matter of Carlisle v Lee, 96 AD3d 837 [2012]; Matter of Reyes v Leclaire, 49 AD3d at 885).

2017The record reveals that defense counsel provided meaningful representation (see People v Taylor, 1 NY3d at 176 ; People v Benevento, 91 NY2d 708, 712-714 [1998]; People v Williams, 123 AD3d at 1154 ).

2017The record reveals that defense counsel provided meaningful representation (see People v Taylor, 1 NY3d at 176 ; People v Benevento, 91 NY2d 708, 712-714 [1998]; People v Williams, 123 AD3d at 1154 ).

2017Taken as a whole, the record reveals that the hearing was conducted in a fair manner (see Matter of Filipowski v Sullivan-Tirelli, 139 AD3d 1063, 1064 [2016]).

2017Taken as a whole, the record reveals that the hearing was conducted in a fair manner (see Matter of Filipowski v Sullivan-Tirelli, 139 AD3d 1063, 1064 [2016]).

2017Additionally, the mother’s contention that the court improperly limited further testimony from two of her fact witnesses is unpreserved for appellate review (see Matter of Culberson v Fisher, 130 AD3d 827, 829 [2015]; Matter of Kleevuort C. [Fredlyn V.], 84 AD3d 1371 [2011]).

2017Additionally, the mother’s contention that the court improperly limited further testimony from two of her fact witnesses is unpreserved for appellate review (see Matter of Culberson v Fisher, 130 AD3d 827, 829 [2015]; Matter of Kleevuort C. [Fredlyn V.], 84 AD3d 1371 [2011]).

2016Taken as a whole, the record reveals that the hearing was conducted in a fair and impartial manner, and that the determination was not the result of any alleged bias on the part of the Family Court (see Matter of Harris v Kaplin, 102 AD3d 692, 693 [2013]; see also Roundtree v Singh, 143 AD2d 995, 996 [1988]).

2014The petitioner failed to demonstrate that the hearing officer was biased, as the record reveals that the hearing was conducted in a fair and impartial manner and that the determination was not the result of any alleged bias on the part of the hearing officer (see Matter of Harris v Kaplin, 102 AD3d 692, 693 [2013]; Matter of Carlisle v Lee, 96 AD3d 837 [2012]; Matter of Reyes v Leclaire, 49 AD3d at 885).

2016The petitioner failed to demonstrate that the hearing officer was biased, as the record reveals that the hearing was conducted in a fair and impartial manner (see Matter of Stephens v Lee, 115 AD3d 964, 964-965 [2014]; Matter of Cepeda v Goord, 39 AD3d 640, 641 [2007]).

2013The record reveals that the hearing was conducted in a fair and impartial manner, and that the determination was not the result of any alleged bias on the part of the hearing officer (see Matter of Carlisle v Lee, 96 AD3d 837 [2012]; Matter of Reyes v Leclaire, 49 AD3d 884, 885 [2008]; Matter of Smythe v Goord, 41 AD3d 608, 609 [2007]; Matter of Cepeda v Goord, 39 AD3d 640, 641 [2007]; Matter of De La Cruz v Selsky, 36 AD3d 907 [2007]).

2020The sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 ).

2017The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

2020Contrary to petitioners' argument, there is no requirement that TLC articulate its rationale for choosing company-specific utilization rates at the time of promulgation, provided that the record reveals that the rule had a rational basis ( see Price v New York City Bd. of Educ. , 51 AD3d 277,289-290 [1st Dept 2008], lv denied 11 NY3d 702 [2008]).

2020Contrary to petitioners' argument, there is no requirement that TLC articulate its rationale for choosing company-specific utilization rates at the time of promulgation, provided that the record reveals that the rule had a rational basis ( see Price v New York City Bd. of Educ. , 51 AD3d 277,289-290 [1st Dept 2008], lv denied 11 NY3d 702 [2008]).

2019Overall, the record reveals that defense counsel pursued a rational trial strategy, presented cogent opening and closing statements, vigorously cross-examined the victims and the People's other witnesses and called witnesses for the defense, thus providing defendant with meaningful representation ( see People v LaDuke , 140 AD3d at 1471-1472 ; People v Echavarria , 53 AD3d 859, 864 [2008], lv denied 11 NY3d 832 [2008]; People v Fuller , 50 AD3d at 1176 ; People v Wright , 5 AD3d 873, 877 [2004], lv denied 3 NY3d 651 [2004]).

2007The record reveals no error or defect in the proceedings that was prejudicial to defendant so as to deprive him of a fair trial (see CPL 280.10 [1]; People v Wright, 5 AD3d 873, 875 [2004], lv denied 3 NY3d 651 [2004]).

2019Moreover, because a review of the record reveals that defense counsel made appropriate objections, effectively participated in cross-examination and made a cogent closing argument, we find that defendant received the effective assistance of counsel ( see People v Flower , 173 AD3d 1449 , 1457 [2019], lv denied 34 NY3d 931 [2019]; People v Lancaster , 143 AD3d 1046, 1052 [2016], lv denied 28 NY3d 1147 [2017]).

2019Moreover, because a review of the record reveals that defense counsel made appropriate objections, effectively participated in cross-examination and made a cogent closing argument, we find that defendant received the effective assistance of counsel ( see People v Flower , 173 AD3d 1449 , 1457 [2019], lv denied 34 NY3d 931 [2019]; People v Lancaster , 143 AD3d 1046, 1052 [2016], lv denied 28 NY3d 1147 [2017]).

2019Finally, notwithstanding defendant's young age of 20 at the time of sentencing, we do not agree with defendant that his sentence was harsh and excessive, given, among other things, the abhorrent nature of defendant's crimes ( see People v Vega , 170 AD3d 1266 , 1274 [2019], lv denied 33 NY3d 1074 [2019]; People v Collier , 146 AD3d 1146, 1152 [2017], lv denied 30 NY3d 948 [2017]).

2019Finally, notwithstanding defendant's young age of 20 at the time of sentencing, we do not agree with defendant that his sentence was harsh and excessive, given, among other things, the abhorrent nature of defendant's crimes ( see People v Vega , 170 AD3d 1266 , 1274 [2019], lv denied 33 NY3d 1074 [2019]; People v Collier , 146 AD3d 1146, 1152 [2017], lv denied 30 NY3d 948 [2017]).

2017Despite the fact that defense counsel did not make a single objection at trial, seek a curative instruction in response to County Court’s statements regarding a defense witness or request any particular jury charge, we find that defense counsel’s representation, viewed in its totality, meets the threshold of meaningful (see People v Baldi, 54 NY2d at 146-147 ; People v Ryan, 46 AD3d 1125, 1126-1127 [2007], lv denied 10 NY3d 939 [2008]).

2017Despite the fact that defense counsel did not make a single objection at trial, seek a curative instruction in response to County Court’s statements regarding a defense witness or request any particular jury charge, we find that defense counsel’s representation, viewed in its totality, meets the threshold of meaningful (see People v Baldi, 54 NY2d at 146-147 ; People v Ryan, 46 AD3d 1125, 1126-1127 [2007], lv denied 10 NY3d 939 [2008]).

2016The defendant’s contention, raised in his pro se supplemental brief, that the People were improperly permitted to present evidence of uncharged crimes is without merit (see People v Pope, 96 AD3d 1231, 1234-1235 [2012]).

2016The defendant’s contention, raised in his pro se supplemental brief, that the People were improperly permitted to present evidence of uncharged crimes is without merit (see People v Pope, 96 AD3d 1231, 1234-1235 [2012]).

2005We view counsel’s performance as objectively reasonable and legitimate (see People v Berroa, 99 NY2d 134, 138 [2002]; People v Benevento, 91 NY2d 708, 712 [1998]), and defendant’s current arguments as simply second-guessing the defense strategy (see People v Satterfield, 66 NY2d 796, 799 [1985]).

1994The record reveals that defense counsel made the appropriate pretrial motions and actively represented defendant at the plea and sentencing proceedings, and thus, that counsel provided meaningful representation (see, People v Satterfield, 66 NY2d 796 ; People v Baldi, 54 NY2d 137 ).

2024The record reveals that defense counsel provided meaningful representation ( see People v Alphonso , 144 AD3d 1168, 1169 ; People v Stevenson , 129 AD3d 998, 999 ).

2016Contrary to the defendant’s contention, the record reveals that defense counsel provided him meaningful representation and the defendant was not deprived of effective assistance of counsel (see People v Wragg, 26 NY3d 403 [2015]; People v Taylor, 1 NY3d 174, 176-177 [2003]; People v Sivertson, 129 AD3d 1467, 1469 [2015], lv granted 26 NY3d 1092 [2015]; People v Stevenson, 129 AD3d 998, 999 [2015]; People v Cruz, 127 AD3d 987, 988 [2015]).

2016The petitioner failed to demonstrate that the hearing officer was biased, as the record reveals that the hearing was conducted in a fair and impartial manner (see Matter of Stephens v Lee, 115 AD3d 964, 964-965 [2014]; Matter of Cepeda v Goord, 39 AD3d 640, 641 [2007]).

2016The record reveals that the hearing was conducted in a fair and impartial manner and there is no indication that the determination flowed from any alleged bias (see Matter of Hand v Greene, 118 AD3d 1245, 1246 [2014]; Matter of Stephens v Lee, 115 AD3d at 964-965 ; Matter of Fowler v Fischer, 106 AD3d at 1345 ).

2016Finally, the defendant was not deprived of the effective assistance of counsel, as the record reveals that defense counsel provided meaningful representation at trial (see People v Benevento, 91 NY2d 708 [1998]; People v Baldi, 54 NY2d 137 [1981]; People v Thomas, 131 AD3d 712 [2015]).

2015The defendant was not deprived of the effective assistance of counsel, as the record reveals that defense counsel provided meaningful representation (see People v Benevento, 91 NY2d 708, 713-714 [1998]; People v Baldi, 54 NY2d 137, 146, 147 [1981]; People v Thomas, 131 AD3d 712, 713 [2015]).