Opinion
February 3, 1995
Appeal from the Onondaga County Court, Mulroy, J.
Present — Green, J.P., Balio, Lawton, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: We reserved decision and remitted this matter to Onondaga County Court for a reconstruction hearing (People v. Indivero, 202 A.D.2d 989) in accordance with our decision in People v. Mitchell ( 189 A.D.2d 337). That hearing has been held. The contention of defendant that the court erred in finding that defendant was present at an in-chambers Sandoval conference is without merit; the record of the reconstruction hearing fully supports that finding.
Defendant's conviction is supported by legally sufficient evidence, and the verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). We further conclude that the jury's rejection of defendant's affirmative defense is not against the weight of the evidence (see, Penal Law § 40.15; People v. Patterson, 39 N.Y.2d 288, affd 432 U.S. 197).
The contention of defendant that he was denied effective assistance of counsel is without merit (see, People v. Rivera, 71 N.Y.2d 705, 708-709; People v. Baldi, 54 N.Y.2d 137, 146-147).
Finally, we conclude that defendant's remaining contention is without merit (see, People v. Miller, 194 A.D.2d 230, 232, lv denied 83 N.Y.2d 913).