People v. Bembry

• Decision Date: 10 February 1999
• Citation: 685 N.Y.S.2d 519,258 A.D.2d 921
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>IZELL BEMBRY, Appellant.
• Court: New York Supreme Court — Appellate Division

258 A.D.2d 921

685 N.Y.S.2d 519

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.IZELL BEMBRY, Appellant.

Decided February 10, 1999.

Present — Pine, J.P., Hayes, Wisner, Pigott, Jr., and Balio, JJ.

Judgment unanimously affirmed.

Memorandum:

Defendant's conviction of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Defendant contends that County Court erred in precluding alibi testimony by his sister. Defendant failed, however, to establish that his sister was an alibi witness. In any event, defendant did not give a reasonable explanation for failing to comply with CPL 250.20 and waiting until one day before the commencement of jury selection to inform the People that he intended to call his sister as an alibi witness (see, People v Gethers, 212 AD2d 544, 544-545, lv denied 85 NY2d 973; People v Bernard, 210 AD2d 419, lv denied 85 NY2d 906). We reject the contention of defendant that he was denied effective assistance of counsel. "The claimed deficiencies in counsel's performance do not undercut the conclusion that defendant * * * received meaningful representation" (People v Benevento, 91 NY2d 708, 714). The sentence is neither unduly harsh nor severe.