People v. Chaney

• Decision Date: 08 June 2001
• Docket Number: DEFENDANT-APPELLANT,V,PLAINTIFF-RESPONDEN
• Citation: 727 N.Y.S.2d 372
• Parties: (A.D. 4 Dept. 2001) PEOPLE OF THE STATE OF NEW YORK,JAMES CHANEY, KA 00-01909. (Erie Co.) : FOURTH JUDICIAL DEPARTMENT
• Court: New York Supreme Court — Appellate Division

Page 372

727 N.Y.S.2d 372 (A.D. 4 Dept. 2001)

PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT,

V

JAMES CHANEY, DEFENDANT-APPELLANT.

KA 00-01909. (Erie Co.)

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FOURTH JUDICIAL DEPARTMENT

June 8, 2001

Mary Good, for defendant-appellant.

Paul J. Williams, III, for plaintiff-respondent.

MEMORANDUM:

We reject the contention of defendant that he did not effectively waive his right to a jury trial (see, People v Cotton, 167 A.D.2d 884, lv dismissed 77 N.Y.2d 904, cert denied 513 U.S. 1093; People v Logue, 115 A.D.2d 285, lv denied 67 N.Y.2d 886). Defense counsel's concession of defendant's guilt of the second and third counts of the indictment was part of a reasonable trial strategy and did not deny defendant meaningful representation (see, People v Ellis, 81 N.Y.2d 854, 856-857; People v Goss, 229 A.D.2d 791, 793). Nor was defense counsel's concession "tantamount to a partial plea of guilt, thus requiring defendant's express consent" (People v Barnes, 249 A.D.2d 227, 228, lv denied 92 N.Y.2d 893). Defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction of harassment in the second degree (see, People v Gray, 86 N.Y.2d 10, 19), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). Supreme Court substantially complied with the requirements of CPL 400.21 in sentencing defendant as a second felony offender (see, People v Graham, 67 A.D.2d 172, 179; see also, People v Goodings, 277 A.D.2d 725, lv denied 96 N.Y.2d 735), and the sentence is not unduly harsh or severe.

Judgment unanimously affirmed. (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J. - Criminal Contempt, 1st Degree.)

GREEN, J. P., HAYES, WISNER, KEHOE AND LAWTON, JJ., concur.