People v. Bataglia

Appellate Division of the Supreme Court of New York

People v. Bataglia

237 A.D.2d 295, 655 N.Y.S.2d 392, 1997 N.Y. App. Div. LEXIS 2050

Appellate Division of the Supreme Court of the State of New York·Decided March 3, 1997·Published·Cited by 1 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rappaport, J.), rendered December 23,1994, convicting him of sodomy in the first degree and sexual abuse in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review his [296]*296contention that the court improperly participated in the trial proceedings (see, CPL 470.05 [2]; People v Wright, 221 AD2d 577). He has failed to establish his claim of ineffective assistance of trial counsel since "the evidence, the law, and the circumstances * * * viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation” (People v Baldi, 54 NY2d 137, 147).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Copertino, J. P., Sullivan, Friedmann and Goldstein, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rappaport, J.), rendered December 23,1994, convicting him of sodomy in the first degree and sexual abuse in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review his [296]*296contention that the court improperly participated in the trial proceedings (see, CPL 470.05 [2]; People v Wright, 221 AD2d 577). He has failed to establish his claim of ineffective assistance of trial counsel since "the evidence, the law, and the circumstances * * * viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation” (People v Baldi, 54 NY2d 137, 147).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Copertino, J. P., Sullivan, Friedmann and Goldstein, JJ., concur.

People v. Bataglia, 237 A.D.2d 295, 655 N.Y.S.2d 392, 1997 N.Y. App. Div. LEXIS 2050 (N.Y. Ct. App. 1997).

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