Opinion
February 3, 1995
Appeal from the Oneida County Court, Merrell, J.
Present — Green, J.P., Pine, Wesley, Davis and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, inter alia, of burglary in the second degree. We conclude that defendant was not denied effective assistance of counsel (see, People v. Baldi, 54 N.Y.2d 137, 146-147). Defendant failed to demonstrate that there was no legitimate explanation for counsel's strategy to concede defendant's possession of stolen property while contesting defendant's involvement in the burglary (see, People v. Ellis, 81 N.Y.2d 854, 856-857; People v. Garcia, 75 N.Y.2d 973, 974). We have reviewed defendant's remaining arguments and conclude that they are lacking in merit.