People v. Haney

• Decision Date: 04 March 2015
• Citation: 126 A.D.3d 724,2 N.Y.S.3d 365 (Mem),2015 N.Y. Slip Op. 01817
• Parties: The PEOPLE, etc., respondent, v. James HANEY, appellant.
• Court: New York Supreme Court — Appellate Division

126 A.D.3d 724
2 N.Y.S.3d 365 (Mem)
2015 N.Y. Slip Op. 01817

The PEOPLE, etc., respondent
v.
James HANEY, appellant.

Supreme Court, Appellate Division, Second Department, New York.

March 4, 2015.

Lynn W.L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Rhea A. Grob, and Arieh Schulman of counsel), for respondent.

Opinion

Appeal by the defendant from an amended judgment of the Supreme Court, Kings County (Guzman, J.), rendered November 9, 2011, upon remittitur from this Court for resentencing after modification (see People v. Haney, 85 A.D.3d 816, 924 N.Y.S.2d 563 ), upon his conviction of manslaughter in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict.

ORDERED that the amended judgment is affirmed.

The defendant's contention that the Supreme Court did not comply with the procedural requirements of Penal Law § 70.10 and CPL 400.20 in adjudicating him a persistent felony offender is unpreserved for appellate review (see People v. Proctor, 79 N.Y.2d 992, 584 N.Y.S.2d 435, 594 N.E.2d 929 ; People v. Tatum, 39 A.D.3d 571, 572, 835 N.Y.S.2d 217 ; People v. Hargroves, 27 A.D.3d 765, 815 N.Y.S.2d 605 ; People v. Martin, 167 A.D.2d 428, 429, 561 N.Y.S.2d 834 ), and we decline to reach the contention in the exercise of our interest of justice jurisdiction.

Contrary to the defendant's contention, he was not deprived of the effective assistance of counsel (see People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584 ).

RIVERA, J.P., HALL, AUSTIN and COHEN, JJ., concur.