People v. Santana

• Decision Date: 20 March 1995
• Citation: 624 N.Y.S.2d 920,213 A.D.2d 568
• Parties: The PEOPLE, etc., Respondent, v. Paulino SANTANA, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 920

624 N.Y.S.2d 920

213 A.D.2d 568

The PEOPLE, etc., Respondent, v. Paulino SANTANA, Appellant.

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

March 20, 1995.

Philip L. Weinstein, New York City (Carrie Lamitie and Jonathan S. Rosenberg, of counsel), for appellant.

Charles J. Hynes, Dist. Atty., Brooklyn (Roseann B. MacKechnie, Ruth E. Ross, and Maureen Brinkers, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered March 25, 1992, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that he was excluded from a material stage of the trial when counsel exercised their challenges to the jury outside of his presence is without merit. The record indicates that the defendant was present during the voir dire, he had an opportunity to consult with his counsel, and the challenges were given effect in his presence when the accepted jurors were sworn in open court (see, People v. Velasco, 77 N.Y.2d 469, 568 N.Y.S.2d 721, 570 N.E.2d 1070; see also, People v. Parks, 210 A.D.2d 437, 620 N.Y.S.2d 978; People v. Kaur, 204 A.D.2d 573, 612 N.Y.S.2d 66; People v. Jackson, 202 A.D.2d 518, 609 N.Y.S.2d 65; People v. Cohen, 201 A.D.2d 494, 607 N.Y.S.2d 374; People v. Williams, 199 A.D.2d 445, 605 N.Y.S.2d 383).

The defendant's further contention that he was denied the effective assistance of counsel is likewise without merit. The evidence, the law, and the circumstances of this case, viewed in totality and as of the time of the representation, establish that the defense counsel provided meaningful representation (see, People v. Flores, 84 N.Y.2d 184, 615 N.Y.S.2d 662, 639 N.E.2d 19; see also, People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400; People v. Lewis, 210 A.D.2d 351, 620 N.Y.S.2d 278).

BALLETTA, J.P., and THOMPSON, LAWRENCE and GOLDSTEIN, JJ., concur.