Majority
—Appeal by the de
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, he was not deprived of the effective assistance of counsel. Viewing the evidence, the law, and the circumstances of the case in their totality and as of the time of the representation, we find that the defendant received meaningful representation (see People v Benevento, 91 NY2d 708 , 712 [1998]; People v Baldi, 54 NY2d 137 , 147 [1981]).
Moreover, the Supreme Court properly denied, without a hearing, the defendant’s motion pursuant to CPL 330.30 to set aside the verdict (see People v Gruttadauria, 46 AD3d 837 , 837-838 [2007]; People v Smith, 242 AD2d 483 , 484 [1997]). Rivera, J.P., Leventhal, Hall and Sgroi, JJ., concur.
Cases cited
- People v. Benevento 91 NY2d 708 at 712 p. 866
- People v. Baldi 54 NY2d 137 at 147 p. 866
- People v. Gruttadauria 46 AD3d 837 at 837-838 p. 866