| People v Jordan |
| 2004 NY Slip Op 03698 [7 AD3d 297] |
| May 6, 2004 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Jamal Jordan, Appellant. |
—[*1]
Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered June 3, 2002, convicting defendant, after a jury trial, of assault in the second degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to concurrent terms of seven years and one year, respectively, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the jury's determinations concerning credibility. The evidence clearly established that the parole officers were performing a lawful duty pursuant to their authority to perform searches of parolees, that defendant intended to prevent such a search of his person, and that with such intent he caused physical injury to one of the officers.
The record establishes that defendant received effective assistance of counsel (see People v Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]). Counsel's lack of objection to the court's charge did not deprive defendant of a fair trial or affect the result (see People v Hobot, 84 NY2d 1021, 1024 [1995]).
Defendant's challenges to the People's summation and the court's charge, each of which requires preservation, are unpreserved and we decline to review them in the interest of justice. [*2]Were we to review these claims, we would find no basis for reversal.
We perceive no basis for reducing the sentence. Concur—Nardelli, J.P., Saxe, Williams and Friedman, JJ.