Opinion
Argued January 4, 1985
Decided February 5, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, William G. Giaccio, J.
Dominic J. Sichenzia for appellant.
John J. Santucci, District Attorney ( Alan D. Zuckerbrod of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed ( see, 100 A.D.2d 630).
We agree with the majority at the Appellate Division that viewing the totality of the circumstances defendant was not deprived of his constitutional right to effective assistance of counsel under the standards adopted by this court ( see, People v Baldi, 54 N.Y.2d 137; People v Aiken, 45 N.Y.2d 394; People v Droz, 39 N.Y.2d 457). We would but add that defense counsel's alleged prejudicial concession in summation that the physical lineup which he had attended was fair, was made in the context of his argument to the jury that the identification made at the lineup was nonetheless unreliable because tainted by prior impermissibly suggestive photo identification proceedings.
Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.
Order affirmed in a memorandum.