Opinion
2001-01461.
Decided June 7, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered August 3, 2000, convicting him of robbery in the second degree, attempted robbery in the second degree (two counts), assault in the second degree, and assault in the third degree, upon a jury verdict, and imposing sentence.
Andrew S. Worgan, Kew Gardens, N.Y. (Anne J. D'Elia of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Tina LoSchiavo of counsel), for respondent.
Before: SONDRA MILLER, J.P., THOMAS A. ADAMS, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, he received the effective assistance of counsel ( see People v. Henry, 95 N.Y.2d 563; People v. Baldi, 54 N.Y.2d 137, 147; cf. People v. Stultz, N.Y.3d [May 4, 2004]). The defendant failed to demonstrate that there were no strategic or other legitimate explanations for his attorney's alleged shortcomings, and failed to overcome the presumption that "counsel acted in a competent manner and exercised professional judgment" in declining to make certain objections and requests ( People v. Rivera, 71 N.Y.2d 705, 709; see People v. Taylor, 1 N.Y.3d 174, 177; see also Strickland v. Washington, 466 U.S. 668, 688-690).
The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit.
S. MILLER, J.P., ADAMS, COZIER and RIVERA, JJ., concur.