People v. Brooks — 9 A.D.3d 373

Majority

p. 373

The People of the State of New York, Respondent, v Phillip Brooks, Appellant.

[778 NYS2d 921]

Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered June 5, 2001, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

p. 374

The defendant failed to preserve for appellate review his precise challenge to the legal sufficiency of the evidence (see CPL 470.05 [2]; People v Bynum, 70 NY2d 858 , 859 [1987]).

Moreover, the defendant failed to preserve for appellate review his claim that the trial court erred in admitting certain hospital records into evidence during jury deliberations (see CPL 470.05 [2]).

The defendant’s claim that he was deprived of the effective assistance of counsel is without merit (see People v Henry, 95 NY2d 563 , 566 [2000]; People v Baldi, 54 NY2d 137 , 147 [1981]; People v Jackson, 52 NY2d 1027 , 1029 [1981]; People v Longchamp, 147 AD2d 659 [1989]; People v Plaza, 133 AD2d 857 , 858 [1987]; People v Shannon, 92 AD2d 554 , 555 [1983]). Smith, J.P., Krausman, Crane and Spolzino, JJ., concur.

Cases cited

People v. Bynum 70 NY2d 858 N.Y. 1987-11-24 at 859 p. 374
People v. Henry 95 NY2d 563 N.Y. 2000-12-21 at 566 p. 374
People v. Baldi 54 NY2d 137 N.Y. 1981-10-29 at 147 p. 374
People v. Jackson 52 NY2d 1027 N.Y. 1981-02-24 at 1029 p. 374
People v. Plaza 133 AD2d 857 N.Y. App. Div. 1987-10-26 at 858 p. 374