Opinion
June 9, 1998
Appeal from the Supreme Court, Bronx County (Daniel Sullivan, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including the question of whether the child victims accusations against defendant were the product of suggestion, were properly presented to the jury and we see no reason to disturb its findings.
On the existing record, which defendant has not sought to amplify by way of a CPL 440.10 motion ( see, People v. Love, 57 N.Y.2d 998), we conclude that defendant received effective assistance of counsel ( see, People v. Baldi, 54 N.Y.2d 137). Defendant has not demonstrated "the absence of strategic or other legitimate explanations" for counsels conduct of the trial ( People v. Rivera, 71 N.Y.2d 705, 709) or that counsels purported errors affected the outcome ( People v. Hobot, 84 N.Y.2d 1021, 1024).
We perceive no abuse of sentencing discretion.
Concur — Milonas, J. P., Wallach, Williams, Tom and Mazzarelli, JJ.