The People v. Elmer Castillo The People v. Brian Degraffenreid

73 N.E.3d 341, 29 N.Y.3d 935

• Court: New York Court of Appeals
• Decided: March 23, 2017
• Docket: 73 SSM 6 and 74 SSM 7
• Status: Published

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed in each case. Codefendants Elmer Castillo and Brian Degraffen-reid appeal from orders of the Appellate Division affirming their convictions for manslaughter in the first degree. Co-defendants’ challenge to the trial court’s general charge on causation is unpreserved, and there was no mode of proceedings error (see People v Gray, 86 NY2d 10, 19 [1995]; see also People v Thomas, 50 NY2d 467, 472 [1980]; People v Patterson, 39 NY2d 288, 295 [1976]). In addition, defense counsel’s failure to object to the charge does not constitute ineffective assistance, as the jury instructions, viewed in totality, neither improperly shifted the burden to codefendants nor relieved the People of their burden to prove guilt beyond a reasonable doubt (see Thomas, 50 NY2d at 472; see also People v Drake, 7 NY3d 28, 33-34 [2006]). Additionally, codefendants’remaining ineffective assistance of counsel claims are without merit as both codefendants received meaningful representation (see People v Baldi, 54 NY2d 137, 147 [1981]; see also People v Benevento, 91 NY2d 708, 714 [1998]; People v Mahboubian, 74 NY2d 174, 183-184 [1989]; People v Stultz, 2 NY3d 277, 287 [2004]).

Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey, Garcia and Wilson concur.

In each case: 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.