Majority
p. 934The People of the State of New York, Respondent, v Harold L. Thayer, Appellant. [629 NYS2d 701]
Judgment unanimously affirmed. Memorandum: Defendant was convicted of one count of sodomy in the first degree (Penal Law § 130.50 [3]), and now contends that he was denied effective assistance of counsel. That contention is without merit. Defendant has
p. 935
failed to demonstrate that he was deprived of a fair trial by less than meaningful representation. "[T]he evidence, the law, and the circumstances of [the] case, viewed in totality and as of the time of the representation, reveal that [defendant’s] attorney provided meaningful representation” (People v Baldi, 54 NY2d 137 ,147; see, People v Russo, 85 NY2d 872 , 874; People v Hobot, 84 NY2d 1021 ; People v Flores, 84 NY2d 184 ). (Appeal from Judgment of Genesee County Court, Morton, J.—Sodomy, 1st Degree.) Present—Pine, J. P., Lawton, Callahan, Davis and Boehm, JJ.
Cases cited
- People v. Baldi 54 NY2d 137 at 147 p. 935
- People v. Russo 85 NY2d 872 at 874 p. 935
- People v. Hobot 84 NY2d 1021 p. 935
- People v. Flores 84 NY2d 184 p. 935