People v. Trimble

2017 NY Slip Op 4301, 150 A.D.3d 1272, 52 N.Y.S.3d 887

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 31, 2017
• Docket: 2016-00031
• Status: Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Grella, J.), rendered December 10, 2015, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the Supreme Court did not conduct a sufficient inquiry of a juror who requested a leave of absence in order to attend the funeral of his brother-in-law’s mother is unpreserved for appellate review, as the defendant admittedly never requested such an inquiry (see CPL 470.05 [2]; People v Hicks, 6 NY3d 737, 739 [2005]; People v Mebane, 70 AD3d 724, 724-725 [2010]; People v Morales, 36 AD3d 631, 632 [2007]). In any event, the contention is without merit (see People v Argendorf, 76 AD3d 1100 [2010]; People v Morales, 36 AD3d at 632).

The defendant was not deprived of the effective assistance of counsel (see Strickland v Washington, 466 US 668 [1984]; People v Benevento, 91 NY2d 708 [1998]; People v Baldi, 54 NY2d 137 [1981]).

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

Rivera, J.R, Austin, Miller and Barros, JJ., concur.