People v. Sinclair

• Citation: 934 N.Y.S.2d 889,90 A.D.3d 1518,2011 N.Y. Slip Op. 09402
• Parties: The PEOPLE of the State of New York, Respondent, v. Chase SINCLAIR, Defendant–Appellant.
• Decision Date: 23 December 2011
• Court: New York Supreme Court — Appellate Division

2011 N.Y. Slip Op. 09402
90 A.D.3d 1518
934 N.Y.S.2d 889

The PEOPLE of the State of New York, Respondent,
v.
Chase SINCLAIR, Defendant–Appellant.

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

Dec. 23, 2011.

Appeal from a judgment of the Monroe County Court (Elma A. Bellini, J.), rendered March 14, 2008. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree.Timothy P. Donaher, Public Defender, Rochester (David M. Abbatoy, Jr., of Counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Loretta S. Courtney of Counsel), for respondent.

MEMORANDUM:

On appeal from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03[3] ), defendant contends*890 that he was denied effective assistance of counsel due to the failure of defense counsel to request the form jury instruction regarding the voluntariness of statements ( see CJI2d[NY] Statements—Expanded Charge on Traditional Voluntariness). We reject that contention. Upon our review of the evidence, the law, and the circumstances of this case, viewed in totality and as of the time of the representation, we conclude that defense counsel afforded defendant “meaningful representation” ( People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400). The single error alleged by defendant was not “sufficiently egregious and prejudicial as to compromise ... [his] right to a fair trial” ( People v. Caban, 5 N.Y.3d 143, 152, 800 N.Y.S.2d 70, 833 N.E.2d 213), and there is no “reasonable likelihood that the [alleged] error, standing alone, changed the outcome of the case” ( People v. Douglas, 296 A.D.2d 656, 657, 746 N.Y.S.2d 72, lv. denied 99 N.Y.2d 535, 752 N.Y.S.2d 595, 782 N.E.2d 573). Indeed, we conclude that defendant failed “ ‘to demonstrate the absence of strategic or other legitimate explanations' for [defense] counsel's alleged shortcoming[ ]” ( People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584, quoting People v. Rivera, 71 N.Y.2d 705, 709, 530 N.Y.S.2d 52, 525 N.E.2d 698). In light of the evidence presented at trial, defense counsel reasonably could have decided that the expanded charge on the voluntariness of defendant's confession would be futile or even counterproductive, and instead reasonably could have decided that a more successful strategy was likely to be attacking defendant's confession on the ground that...