People v Rodriguez
2009 NY Slip Op 09053 [68 AD3d 789]
December 1, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


The People of the State of New York, Respondent,
v
Alvin Rodriguez, Appellant.

[*1] Lynn W.L. Fahey, New York, N.Y. (Jonathan M. Kratter of counsel), for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Karol B. Mangum, and Ruth E. Ross of counsel; Irina Knopp on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.), rendered May 9, 2005, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his due process rights were violated by the detective's failure to videotape his interrogation. This argument is unpreserved for appellate review (see CPL 470.05 [2]) and, in any event, is without merit (see People v Hodges, 58 AD3d 642 [2009]; People v Nelson, 52 AD3d 534 [2008]; People v Rosas, 30 AD3d 545 [2006], affd 8 NY3d 493 [2007]).

The defendant failed to demonstrate that he was denied the effective assistance of counsel (see People v Benevento, 91 NY2d 708, 712 [1998]; People v Baldi, 54 NY2d 137 [1981]). A review of the record in its entirety reveals that defense counsel provided meaningful representation (see People v Rios, 213 AD2d 726 [1995]; People v Abdullah, 100 AD2d 550 [1984], cert denied 474 US 919 [1985]; People v Tonge, 93 NY2d 838, 840 [1999]).

The defendant's remaining contentions, raised in his supplemental pro se brief, are without merit. Skelos, J.P., Eng, Leventhal and Chambers, JJ., concur. [Prior Case History: 7 Misc 3d 1005(A), 2005 NY Slip Op 50461(U).]