Opinion
October 2, 1995
Appeal from the County Court, Nassau County, Belfi, J., Harrington, J.
Ordered that the judgment is affirmed.
The defendant's contention that he was deprived of the effective assistance of counsel is without merit. It is well settled that "[w]hat constitutes effective assistance is not and cannot be fixed with yardstick precision, but varies according to the unique circumstances of each representation" (People v Baldi, 54 N.Y.2d 137, 146). In resolving claims of ineffective assistance of counsel, the critical issue is whether, under the totality of the circumstances, defense counsel provided the defendant with meaningful representation (see, People v. Benn, 68 N.Y.2d 941; People v. Badia, 159 A.D.2d 577). The record in this case demonstrates that defense counsel effectively cross-examined the People's witnesses, presented an alibi defense, and made competent opening and closing statements which were consistent with that defense. Under these circumstances, the defendant was provided with meaningful representation (see, People v. Ortiz, 174 A.D.2d 763; People v. Campbell, 162 A.D.2d 606).
The defendant's sentence is not excessive (see, People v Suitte, 90 A.D.2d 80). Mangano, P.J., Bracken, Balletta and Hart, JJ., concur.