Opinion
May 10, 2000
Appeal from Judgment of Monroe County Court, Egan, J. — Criminal Sale Controlled Substance, 3rd Degree.
Judgment unanimously affirmed.
Before: Pigott, Jr., P.J., Pine, Hayes, Balio and Lawton, JJ.
Memorandum:
Defendant appeals from a judgment convicting him following a bench trial of criminal possession of a controlled substance in the third degree (Penal Law § 220.16) and criminal sale of a controlled substance in the third degree (Penal Law § 220.39). We reject the contention of defendant that he was denied effective assistance of counsel and conclude that "the evidence, the law, and the circumstances of [this] case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation" ( People v. Baldi, 54 N.Y.2d 137, 147).
The verdict is not against the weight of the evidence. In a bench trial, as in a jury trial, the credibility determinations made by the trier of fact are entitled to great deference ( see, People v. Van Akin, 197 A.D.2d 845). We cannot say, upon our review of the record, that County Court failed to give the evidence the weight it should be accorded ( see, People v. Bleakley, 69 N.Y.2d 490, 495). The sentence is neither unduly harsh nor severe. We have examined defendant's remaining contention and conclude that it is without merit.