Opinion
July 6, 1993
Appeal from the Supreme Court, Bronx County (Lawrence Bernstein J.).
Defendant has failed to satisfy his burden of proving that but for his trial counsel's alleged errors, the result of the proceeding would have been different. Moreover, it is clear from the record that trial counsel effectively represented defendant under the circumstances. Indeed, while hindsight now enables defendant to question some of counsel's tactical decisions at trial, it is clear that those decisions, at the time they were made, provided defendant with meaningful representation (see, People v. Jackson, 52 N.Y.2d 1027).
We also note that since defendant's postjudgment CPL 440.10 motion to vacate his conviction was based on this same ineffective assistance claim with no additional submissions for the record, the trial court properly denied the motion without a hearing (CPL 440.10 [b]).
Finally, as defendant engaged in a series of distinct, separate acts when he committed the instant crimes, he was appropriately sentenced to consecutive sentences (see, People v. Brown, 80 N.Y.2d 361).
Concur — Rosenberger, J.P., Ellerin, Kupferman, Asch and Rubin, JJ.