Opinion
April 24, 1992
Appeal from the Steuben County Court, Scudder, J.
Present — Callahan, J.P., Boomer, Pine, Lawton and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: Upon our review of the record, we find that the defendant's conviction of sodomy in the first degree and attempted sodomy in the first degree was based on legally sufficient evidence and was not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). We further find that defense counsel's use of a legitimate, albeit unsuccessful, trial tactic did not deprive defendant of meaningful representation (see, People v Satterfield, 66 N.Y.2d 796, 799-800; People v Schramm, 172 A.D.2d 1048, lv denied 78 N.Y.2d 974).