People v. Evans — 69 A.D.3d 649

Majority

p. 649

The People of the State of New York, Respondent, v Shareef Evans, Appellant.

[891 NYS2d 290]

The defendant contends that he was denied the effective assistance of counsel (see Strickland v Washington, 466 US 668 , 687 [1984]; People v Henry, 95 NY2d 563 , 566 [2000]). To the extent that the defendant’s claim of ineffective assistance of counsel involves matter dehors the record, it may not be reviewed on direct appeal (see People v Dashosh, 59 AD3d 731 , 731-732 [2009]; People v Monroe, 52 AD3d 623 [2008]). To the extent that the claim may be reviewed, defense counsel provided effective assistance (see Strickland v Washington, 466 US at 698-699 ; People v Benevento, 91 NY2d 708 , 712-715 [1998]). The

p. 650

arguments the defendant contends defense counsel should have advanced would not have resulted in the suppression of the defendant’s statement (see People v Hernandez, 49 AD3d 335 , 336 [2008]; People v Ladson, 298 AD2d 314 [2002]; People v Richardson, 202 AD2d 958 [1994]; People v, Belgenio, 164 AD2d 865 , 866 [1990]; People v Perry, 77 AD2d 269 , 273 [1980]). Counsel’s failure to raise the statute of limitations as a defense to the first-degree manslaughter count reflects a legitimate trial strategy of a reasonably competent attorney (see People v Turner, 5 NY3d 476 , 483-484 [2005]; People v Benevento, 91 NY2d at 712 ; People v Satterfield, 66 NY2d 796 , 799 [1985]). Viewing the record as a whole (see People v Benevento, 91 NY2d at 712 ; People v Adelman, 36 AD3d 926 , 928 [2007]), counsel pursued a viable defense strategy, adequately cross-examined the People’s witnesses, and provided a cogent summation. Accordingly, the defendant received the effective assistance of counsel. Rivera, J.P., Leventhal, Belen and Austin, JJ., concur.

Cases cited

Strickland v. Washington 466 US 668 SCOTUS 1984-05-14 at 687 p. 649
People v. Henry 95 NY2d 563 N.Y. 2000-12-21 at 566 p. 649
People v. Dashosh 59 AD3d 731 N.Y. App. Div. 2009-02-24 at 731-732 p. 649
People v. Monroe 52 AD3d 623 N.Y. App. Div. 2008-06-10 p. 649
People v. Benevento 91 NY2d 708 N.Y. 1998-06-11 at 712-715 p. 649
People v. Richardson 202 AD2d 958 N.Y. App. Div. 1994-03-11 p. 650
People v. Belgenio 164 AD2d 865 N.Y. App. Div. 1990-08-06 at 866 p. 650
People v. Perry 77 AD2d 269 N.Y. App. Div. 1980-11-20 at 273 p. 650
People v. Turner 5 NY3d 476 N.Y. 2005-11-17 at 483-484 p. 650
People v. Satterfield 66 NY2d 796 N.Y. 1985-11-12 at 799 p. 650