People v. Lebron
Opinion of the Court
The defendant’s contention that, the Supreme Court erred in admitting into evidence testimony from the People’s expert witness regarding the probability of a coincidental match of a partial DNA profile obtained from the victim’s fingernails with a DNA profile in the local population is unpreserved for appellate review {see CPL 470.05 [2]; People v Peele, 73 AD3d 1219,
The defendant’s claim that he was deprived of the effective assistance of counsel under both the federal and the state constitutions is without merit. The defendant failed to “ ‘demonstrate the absence of strategic or other legitimate explanations’ for counsel’s allegedly deficient conduct” (People v Caban, 5 NY3d 143, 152 [2005], quoting People v Rivera, 71 NY2d 705, 709 [1988]). Viewing the record as a whole, we conclude that counsel provided effective representation (see Strickland v Washington, 466 US 668, 694 [1984]; People v Baldi, 54 NY2d 137, 146-147 [1981]; People v Monsuri, 83 AD3d 870 [2011], lv denied 17 NY3d 808 [2011]).
The defendant’s remaining contention does not require reversal. Rivera, J.E, Florio, Leventhal and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.