Opinion
Argued January 25, 2001
February 26, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrero, J.), rendered March 5, 1998, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.
James William Hubert, White Plains, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Diane R. Eisner, and Diana Villanueva of counsel), for respondent.
Before: GOLDSTEIN, J.P., FLORIO, LUCIANO and H. MILLER, JJ., concur.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant was not denied the effective assistance of counsel. Under the totality of the circumstances, the defendant's attorney provided meaningful representation (see, People v. Lee, 129 A.D.2d 587).
The defendant's contention that the trial court failed to instruct the jury that the lesser-included offenses should be considered only in the alternative is unpreserved for appellate review (see, People v. Flowers, 274 A.D.2d 523). In any event, although the jury recorded verdicts of guilty for both the greater and lesser-included offenses on the verdict sheet, the trial court clarified, before discharging the jury, that it intended to find the defendant guilty of the greater offenses. The trial court properly recorded and accepted as the final verdict the verdict as to those counts only (see, CPL 310.80;; People v. Greenfield, 70 A.D.2d 662, 663).