Opinion
December 7, 1998
Appeal from the County Court, Nassau County (Orenstein, J.).
Ordered that the judgment is affirmed.
The defendant's contention that he was deprived of the effective assistance of counsel is without merit. "What constitutes effective assistance is not and cannot be fixed with yardstick precision, but varies according to the unique circumstances of each representation" ( People v. Baldi, 54 N.Y.2d 137, 146). In resolving claims of ineffective assistance of counsel the critical issue is whether, viewed in totality, the defense counsel provided meaningful representation ( see, People v. Benn, 68 N.Y.2d 941; People v. Badia, 159 A.D.2d 577). Here, the record demonstrates that the defense counsel effectively cross-examined the People's witnesses, delivered a cogent opening and closing statement, and presented a plausible defense. Thus, the defendant was provided with meaningful representation ( see, People v. Johnson, 184 A.D.2d 732; People v. Ortiz, 174 A.D.2d 763).
Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).
Mangano, P.J., Thompson, Santucci and McGinity, JJ., concur.