Opinion
KA 01-01546
May 2, 2003.
Appeal from a judgment of Supreme Court, Monroe County (Fisher, J.), entered April 5, 2001, convicting defendant after a jury trial of, inter alia, murder in the second degree.
ROBERT W. WOOD, ROCHESTER, FOR DEFENDANT-APPELLANT.
HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (ARTHUR G. WEINSTEIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, LAWTON, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
We reject the contention of defendant that he was denied effective assistance of counsel ( see generally People v. Baldi, 54 N.Y.2d 137, 147). Defense counsel had a discernible strategy, and it is not for this Court "to second-guess whether a course chosen by [defense] counsel was the best trial strategy, or even a good one, so long as defendant was afforded meaningful representation" ( People v Satterfield, 66 N.Y.2d 796, 799-800). Defendant has failed to preserve for our review his further contention that Supreme Court erred in admitting evidence that witnesses identified a codefendant in a lineup ( see CPL 470.05), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see 470.15 [6] [a]). The sentence is neither unduly harsh nor severe.