| People v Byrd |
| 2008 NY Slip Op 06381 [53 AD3d 622] |
| July 22, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Carlton Byrd, Appellant. |
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Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wager, Richard Longworth
Hecht, and Anthony J. Servino of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Bellantoni, J.), rendered August 23, 2006, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the testimony of a jailhouse informant was improperly admitted at trial because the informant was an agent of the police is without merit (see Massiah v United States, 377 US 201, 206 [1964]; People v Cardona, 41 NY2d 333, 335 [1977]; People v Lewis, 273 AD2d 254, 254-255 [2000]; People v Flores-Ossa, 234 AD2d 315, 316 [1996]; People v Halstead, 180 AD2d 818 [1992]).
Contrary to the defendant's contention, he was not denied the effective assistance of counsel (see People v Baldi, 54 NY2d 137, 147 [1981]; People v Walker, 35 AD3d 512 [2006]; People v Hyatt, 2 AD3d 749, 750 [2003]). Skelos, J.P., Covello, Leventhal and Belen, JJ., concur.