Opinion
March 16, 1990
Appeal from the Supreme Court, Erie County, Marshall, J.
Present — Callahan, J.P., Denman, Boomer, Balio and Lowery, JJ.
Judgment unanimously affirmed. Memorandum: The trial court did not abuse its discretion in denying defense counsel's request for an adjournment since counsel had ample time to prepare for trial and failed to establish any prejudice (see, Matter of Anthony M., 63 N.Y.2d 270, 283-284; People v Singleton, 41 N.Y.2d 402, 405). Moreover, from our review of the record, we find that defendant was provided meaningful representation (see, People v Baldi, 54 N.Y.2d 137). Disagreement over trial strategy or tactics does not render counsel's assistance ineffective (see, People v Montana, 71 N.Y.2d 705, 708). We note that none of the alleged improprieties in the prosecutor's summation was preserved for appellate review. Defendant was properly sentenced as a second violent felony offender (see, Penal Law § 70.04 [b] [i]; People v Morse, 62 N.Y.2d 205, 213; People v Gonzalez, 61 N.Y.2d 586, 589; cf., People v Muniz, 74 N.Y.2d 464).