Opinion
485 KA 04-02062.
Decided on April 20, 2007.
Appeal from a judgment of the Supreme Court, Monroe County (Dennis M. Kehoe, J.), rendered May 28, 2004. The judgment convicted defendant, upon a jury verdict, of murder in the second degree and attempted robbery in the first degree.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (WILLIAM CLAUSS OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (WENDY EVANS LEHMANN OF COUNSEL), FOR RESPONDENT.
PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH, CENTRA, AND PERADOTTO, JJ.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25) and attempted robbery in the first degree (§§ 110.00, 160.15 [4]). We reject the contention of defendant that he was denied effective assistance of counsel based on defense counsel's failure to object to the cross-examination of defendant on an unrelated pending charge. In view of the overwhelming evidence against defendant, we conclude that defense counsel's "single failing in an otherwise competent performance [was not] so egregious and prejudicial' as to deprive . . . defendant of his constitutional right [to a fair trial]" ( People v Turner, 5 NY3d 476, 480; see generally People v Caban, 5 NY3d 143, 152; People v Benevento, 91 NY2d 708, 712-713). Finally, the verdict is not against the weight of the evidence ( see generally People v Bleakley, 69 NY2d 490, 495).