People v. Shepard
| Citation | 171 A.D.3d 951,98 N.Y.S.3d 300 |
| Decision Date | 10 April 2019 |
| Docket Number | 2014–03292 ,Ind.No. 5273/12 |
| Parties | The PEOPLE, etc., Respondent, v. Michael SHEPARD, Appellant. |
| Court | New York Supreme Court Appellate Division |
171 A.D.3d 951
98 N.Y.S.3d 300
The PEOPLE, etc., Respondent,
v.
Michael SHEPARD, Appellant.
2014–03292
Ind.No. 5273/12
Supreme Court, Appellate Division, Second Department, New York.
Submitted - December 18, 2018
April 10, 2019
Douglas G. Rankin, P.C., Brooklyn, N.Y. (Kathleen Whooley of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Keith Dolan, and Marie John–Drigo of counsel), for respondent.
MARK C. DILLON, J.P., COLLEEN D. DUFFY, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, he was provided with effective assistance of counsel (see People v. Benevento , 91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584 ; People v. Georgiou , 38 A.D.3d 155, 828 N.Y.S.2d 541 ). Defense counsel was vigorous in his representation of the defendant, seeking to establish that the complainant, who allegedly owed money to the defendant, was not credible and had been motivated to fabricate his testimony against the defendant. Counsel's decisions to introduce testimony pertaining to benefits received by the complainant from the District Attorney's Office, to refrain from objecting to the admission of certain testimony, and to decline to call attention to a missing witness who could have provided evidence corroborating the complainant's testimony, were consistent with the defense strategy. "The defendant's disagreement with the strategies and tactics employed by the defense counsel does not amount to a deprivation of effective assistance of counsel" ( People v. Palacios , 295 A.D.2d 452, 743 N.Y.S.2d 302 ; see People v. Ramkissoon , 36 A.D.3d 834, 835, 829 N.Y.S.2d 157 ), particularly where, as here, counsel was faced with overwhelming evidence against his client (see People v. McVey , 289 A.D.2d 260, 734 N.Y.S.2d 203 ).
Furthermore, defense counsel's failure to object to certain summation remarks of the prosecutor, or to the prosecutor's...
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