Opinion
February 3, 1994
Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).
Defendant's contention that he was denied the effective assistance of counsel because his trial counsel did not request an agency charge is without merit. Defendant's argument is no more than a belated disagreement with the strategy employed by trial counsel, and the existence of such a disagreement does not establish ineffective assistance of counsel (People v. Benn, 68 N.Y.2d 941). Review of the record establishes that trial counsel made the appropriate pretrial motions, delivered an opening, cross-examined the witnesses, made appropriate objections, and delivered a summation, which were all consistent with the trial strategy that defendant had been mistakenly identified. Accordingly, we conclude that the defendant received competent representation (People v. Kirkland, 192 A.D.2d 414, lv denied 81 N.Y.2d 1075).
Concur — Murphy, P.J., Rosenberger, Wallach, Asch and Williams, JJ.