Opinion
3277.
Decided April 1, 2004.
Judgment, Supreme Court, New York County (Renee White, J.), rendered January 5, 2000, convicting defendant, after a jury trial, of criminally negligent homicide, and sentencing him to a term of 1 to four years, unanimously affirmed.
Karen Schlossberg, for Respondent.
Reed Smith, for Defendant-Appellant.
Before: Nardelli, J.P., Tom, Ellerin, Williams, Lerner, JJ.
The verdict was not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490). The jury was presented with conflicting expert testimony regarding the cause of death, and the record supports its decision to credit the People's expert.
Defendant received effective assistance of counsel ( see People v. Benevento, 91 N.Y.2d 708, 713-714; see also Strickland v. Washington, 466 U.S. 668). Counsel's failure to request a circumstantial evidence charge could not have deprived defendant of a fair trial or affected the result ( see People v. Hobot, 84 N.Y.2d 1021, 1024).
Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.