People v. Every

• Citation: 61 N.Y.S.3d 194 (Mem),29 N.Y.3d 1103,83 N.E.3d 202
• Decision Date: 05 September 2017
• Docket Number: No. 133 SSM 20.,133 SSM 20.
• Parties: The PEOPLE & c., Respondent, v. Douglas R. EVERY, Appellant.
• Court: New York Court of Appeals

29 N.Y.3d 1103

83 N.E.3d 202

61 N.Y.S.3d 194 (Mem)

The PEOPLE & c., Respondent,

v.Douglas R. EVERY, Appellant.

No. 133 SSM 20.

Court of Appeals of New York.

Sept. 5, 2017.

Easton Thompson Kasperek Shiffrin LLP, Rochester (William T. Easton and Danielle C. Wild of counsel), for appellant.

Kirk O. Martin, District Attorney, Owego, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed. Defendant has failed to meet his burden of "demonstrat[ing] the absence of strategic or other legitimate explanations for counsel's alleged failure[s]" ( People v. Wragg, 26 N.Y.3d 403, 409, 23 N.Y.S.3d 600, 44 N.E.3d 898 [2015] ) and, thus, he cannot prevail on his ineffective assistance of counsel claim. His assertions that County Court erred in charging the jury and deprived him of his constitutional right to present a defense by excluding certain evidence are unpreserved (see People v. Angelo, 88 N.Y.2d 217, 222, 88 N.Y.2d 217, 666 N.E.2d 1333 [1996] ; People v. Autry, 75 N.Y.2d 836, 839, 552 N.Y.S.2d 908, 552 N.E.2d 156 [1990] ). Defendant's remaining arguments have been considered and found to be lacking in merit.

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.

Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA, WILSON and FEINMAN concur.