| People v Carmel |
| 2016 NY Slip Op 03329 [138 AD3d 1448] |
| April 29, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Keith E. Carmel, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (Drew R. Dubrin of counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Robert J. Shoemaker of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Monroe County (Joanne M. Winslow, J.), rendered July 11, 2012. The judgment convicted defendant, upon a jury verdict, of burglary in the second degree, criminal possession of a forged instrument in the second degree and criminal possession of stolen property in the fourth degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon a jury verdict of,
inter alia, burglary in the second degree (Penal Law § 140.25 [2]),
defendant contends that the evidence is legally insufficient to support the conviction of
burglary because the People failed to present any direct evidence that defendant was the
person who entered and stole property from the victims' home. We reject that contention.
The People presented evidence establishing that the victims' home was unlawfully
entered after they went to sleep at 10:00 p.m. on July 15, 2010 and that various items
were taken from their home. At approximately 12:50 a.m. on July 16, 2010, recordings
from surveillance cameras at a 24-hour supermarket located 1
We reject defendant's further contention that he was denied effective assistance of counsel. Defendant has failed to establish the absence of any strategic or other legitimate explanation for defense counsel's alleged error in failing to object to identification testimony (see generally People v Caban, 5 NY3d 143, 152 [2005]), and we conclude that defendant received meaningful representation (see generally People v Baldi, 54 NY2d 137, 147 [1981]). Present—Smith, J.P., DeJoseph, NeMoyer, Troutman and Scudder, JJ.