Opinion
October 8, 1992
Appeal from the Supreme Court, New York County, Herman Cahn, J.
Evidence at trial was that defendant was employed by Mineral Resources Corp. at a "boiler room" operation set up for the sale, through unsolicited telephone and mail contact, of the so-called "strategic metal" tantalum. Assuming the alias "Jim Brady", defendant solicited purchasers using prepared sales scripts and mailing materials containing patently fraudulent representations regarding the market for tantalum, and received $2,360 in sales commissions. Viewing this evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's guilt of the crimes charged was proven by overwhelming evidence (People v Bleakley, 69 N.Y.2d 490). We note that defendant raises numerous issues regarding sufficiency of evidence of intent and scienter in connection with the fraud and conspiracy charges, and that similar claims were previously considered and rejected by this Court in deciding the appeal of codefendant Mindy Sue Salvage (People v Salvage, 112 A.D.2d 59).
We find further that the sentence imposed is not excessive (People v Farrar, 52 N.Y.2d 302, 305).
As the record supports the trial court's determination, after extended post-trial hearing on the issue, that there was no merit to defendant's claim of ineffective assistance of trial counsel due to conflict of interest, this Court will not disturb that determination (see, People v Rivera, 121 A.D.2d 166, affd 68 N.Y.2d 786).
We have considered defendant's additional claims on appeal and find them to be meritless.
Concur — Ellerin, J.P., Wallach, Ross, Kassal and Rubin, JJ.