Opinion
July 10, 1987
Appeal from the Erie County Court, La Mendola, J.
Present — Dillon, P.J., Callahan, Denman, Balio and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: Viewing the evidence in a light most favorable to the People, and giving it the benefit of every reasonable inference to be drawn therefrom, we find that the evidence was legally sufficient to support defendant's conviction for rape in the first degree (Penal Law § 130.35), and criminal possession of a weapon in the fourth degree (Penal Law § 265.01). Upon the exercise of our factual review power, we find that the evidence established guilt beyond a reasonable doubt and that the court's decision was not against the weight of evidence (CPL 470.15; see, People v. Bleakley, 69 N.Y.2d 490).
Defendant claims that trial counsel was ineffective because he failed to object to the victim's in-court identification of defendant and failed to contest the legality of his arrest. We disagree. Counsel conducted a strong cross-examination of prosecution witnesses and presented an alibi defense. The record reveals that meaningful representation was provided and that defendant's constitutional right to effective assistance of counsel was satisfied (see, People v. Satterfield, 66 N.Y.2d 796; People v. Baldi, 54 N.Y.2d 137).
The remaining claims of defendant were not properly preserved for our review (CPL 470.05), and we decline to exercise our discretion to review them in the interests of justice (CPL 470.15).