Opinion
371
February 28, 2002.
Judgment, Supreme Court, New York County (Antonio Brandveen, J.), rendered February 6, 1996, convicting defendant, after a jury trial, of four counts of rape in the first degree, six counts of rape in the second degree, and three counts of sexual abuse in the first degree and sentencing him, as a second felony offender, to an aggregate prison term of from 25 to 50 years, unanimously affirmed.
Michael S. Morgan for respondent.
Raymond J. Aab for defendant-appellant.
Before: Tom, J.P., Andrias, Saxe, Wallach, Rubin, JJ.
Defendant received meaningful representation (see, People v. Benevento, 91 N.Y.2d 708, 713-714). The trial record fails to support any of defendant's attacks on his trial counsel's performance (see, People v. Denny, 95 N.Y.2d 921). "Counsel may not be expected to create a defense where it does not exist." (People v. DeFreitas, 213 A.D.2d 96,lv denied 86 N.Y.2d 872).
We perceive no basis for a reduction in sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.