| People v Every |
| 2017 NY Slip Op 06401 [29 NY3d 1103] |
| September 5, 2017 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| As corrected through Wednesday, October 4, 2017 |
| The People of the State of New York, Respondent, v Douglas R. Every, Appellant. |
Decided September 5, 2017
People v Every, 146 AD3d 1157, affirmed.
Easton Thompson Kasperek Shiffrin LLP, Rochester (William T. Easton and Danielle C. Wild of counsel), for appellant.
Kirk O. Martin, District Attorney, Owego, for respondent.
Memorandum.
The order of the Appellate Division should be affirmed. Defendant has failed to meet his burden of "demonstrat[ing] the absence of strategic or other legitimate explanations for counsel's alleged failure[s]" (People v Wragg, 26 NY3d 403, 409 [2015]) and, thus, he cannot prevail on his ineffective assistance of counsel claim. His assertions that County Court erred in [*2]charging the jury and deprived him of his constitutional right to present a defense by excluding certain evidence are unpreserved (see People v Angelo, 88 NY2d 217, 222 [1996]; People v Autry, 75 NY2d 836, 839 [1990]). Defendant's remaining arguments have been considered and found to be lacking in merit.
Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.