People v Ryans
2008 NY Slip Op 09822 [57 AD3d 698]
December 9, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


mThe People of the State of New York, Respondent,
v
Anthony Ryans, Appellant.

[*1] Leonard J. Levenson, New York, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.), rendered May 19, 2005, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the record demonstrates that he received the effective assistance of trial counsel (see People v Baldi, 54 NY2d 137 [1981]; People v Myers, 220 AD2d 461 [1995]). Defense counsel's trial strategy apparently was to secure his acquittal of murder in the first degree, which strategy was successful.

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant's remaining contention is without merit. Mastro, J.P., Florio, Eng and Chambers, JJ., concur.