Opinion
May 26, 1987
Appeal from the Supreme Court, Westchester County (McMahon, J.).
Ordered that the judgments are affirmed.
Contrary to the defendant's contentions, the record reveals that he was afforded the meaningful representation to which he was constitutionally entitled (see, People v. Baldi, 54 N.Y.2d 137). The alleged errors of counsel discernible upon review of the trial record merely involve attacks upon defense counsel's trial strategy "which though unsuccessful, was well founded" (People v. Leonard, 102 A.D.2d 857). It is well settled that "trial tactics which terminate unsuccessfully do not automatically indicate ineffectiveness" of counsel (People v Baldi, supra, at 146; see, People v. Leonard, supra). In addition, the defendant's contentions that his trial counsel failed to adequately prepare alibi witnesses, erred in failing to obtain expert testimony, and neglected to cross-examine a serologist with respect to a report not in evidence, are not supported by the trial record. These contentions cannot be reviewed in the absence of additional background facts that "`might have been developed had an appropriate after-judgment motion been made' pursuant to CPL 440.10" (People v. Love, 57 N.Y.2d 998, 1000, quoting from People v. Jones, 55 N.Y.2d 771, 773; see, People v. Smith, 112 A.D.2d 389, lv denied 66 N.Y.2d 767; People v. Marchand, 104 A.D.2d 624; People v. Leonard, supra).
We have examined the defendant's remaining contentions and find them to be either unpreserved for review (see, People v. Nuccie, 57 N.Y.2d 818) or without merit (see, People v. Harris, 57 N.Y.2d 335, 342, cert denied 460 U.S. 1047; People v. Pobliner, 32 N.Y.2d 356, 369-370, rearg denied 33 N.Y.2d 657, cert denied 416 U.S. 905; People v. Nowlin, 124 A.D.2d 833, 834, lv denied 69 N.Y.2d 831). Bracken, J.P., Niehoff, Kooper and Sullivan, JJ., concur.