People v Carman, 38 NY3d at 972 (2022)

2022 NY Slip Op 02580 [38 NY3d 972]
April 21, 2022
Court of Appeals

[*1]

In the Matter of The People of the State of New York, Respondent,
v
Peter Carman, Appellant.

Decided April 21, 2022

People v Carman, 194 AD3d 760, affirmed.

{**38 NY3d at 972} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs, and the certified question not answered as unnecessary.

Assuming, without deciding, that defendant was entitled to the effective assistance of counsel in this proceeding pursuant to article 6-C of the Correction Law, defendant failed to demonstrate that he was deprived of meaningful representation (see People v Benevento, 91 NY2d 708, 712 [1998]). Defendant’s remaining contentions have been considered and are without merit.

Chief Judge DiFiore and Judges Garcia, Singas, Cannataro and Troutman concur. Judges Rivera and Wilson dissent for reasons stated in the dissenting opinion by Justice Betsy Barros at the Appellate Division (People v Carman, 194 AD3d 760, 763-767 [2021, Barros, J., dissenting]).

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, without costs, and certified question not answered as unnecessary.