Opinion
Argued November 2, 2001.
November 19, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered June 14, 1999, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (John Gemmill of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., WILLIAM D. FRIEDMANN, ANITA R. FLORIO, THOMAS A. ADAMS, JJ.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, he was not denied the effective assistance of counsel because the defense counsel did not raise a justification defense. A review of the record indicates that the defense counsel implemented a reasonable strategy at all stages of the trial (see, People v. Hobot, 84 N.Y.2d 1021, 1022). In any event, there was no basis for raising a justification defense. Viewed in the light most favorable to the defendant (see, People v. Padgett, 60 N.Y.2d 142; People v. Watts, 57 N.Y.2d 299), the evidence was insufficient to establish that he shot the victim while the victim was attempting to commit a burglary (see, Penal Law — 35.20; People v. Cox, 92 N.Y.2d 1002; People v. Goetz, 68 N.Y.2d 96; People v. Godfrey, 80 N.Y.2d 860; People v. Bertone, 213 A.D.2d 417).
The defendant's remaining contentions are without merit.
KRAUSMAN, J.P., FRIEDMANN, FLORIO and ADAMS, JJ., concur.