Opinion
November 25, 1985
Appeal from the County Court, Westchester County (Martin, J.).
Judgment affirmed.
We find that defendant received effective assistance of counsel pursuant to the "meaningful representation" test of People v Baldi ( 54 N.Y.2d 137, 146-147). Contrary to defendant's contention, it would have been foolhardy for defense counsel to use the inconsistent statement of witness Amory since that statement further inculpated defendant. Defendant's contention concerning recent and exclusive possession of the fruits of the crime was not preserved for appellate review and we decline to reach it in the interest of justice. Finally, there is no basis for disturbing the sentence imposed. Lazer, J.P., Gibbons, Eiber and Kunzeman, JJ., concur.