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.
As corrected through Wednesday, July 28, 2004


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.