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People v. Gomez

Appellate Division of the Supreme Court of New York, Second Department
May 2, 2005
18 A.D.3d 478 (N.Y. App. Div. 2005)

Opinion

2001-02163.

May 2, 2005.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (West, J.), rendered January 10, 2001, convicting him of sodomy in the first degree (four counts), sexual abuse in the first degree (two counts), course of sexual conduct against a child in the first degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Before: Cozier, J.P., Ritter, Spolzino and Lifson, JJ., concur.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he was not denied the effective assistance of counsel. Viewing the totality of the evidence, the law, and circumstances of the case, we conclude that the defendant received meaningful representation ( see People v. Benevento, 91 NY2d 708, 712). Unsuccessful trial strategies and mere losing tactics do not constitute ineffective assistance of counsel ( see People v. Henry, 95 NY2d 563; People v. Benevento, supra). The defense counsel presented a vigorous defense and effectively cross-examined witnesses ( see People v. Wright, 8 AD3d 507).

The defendant's remaining contentions either are unpreserved for appellate review or without merit.


Summaries of

People v. Gomez

Appellate Division of the Supreme Court of New York, Second Department
May 2, 2005
18 A.D.3d 478 (N.Y. App. Div. 2005)
Case details for

People v. Gomez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN CARLOS GOMEZ…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 2, 2005

Citations

18 A.D.3d 478 (N.Y. App. Div. 2005)
793 N.Y.S.2d 771

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