Opinion
December 30, 1993
Appeal from the County Court of Clinton County (Lewis, J.).
On April 19, 1989, while an inmate in the special housing unit for prisoners with disciplinary problems at Clinton Correctional Facility in Clinton County, defendant attacked several guards with a homemade sharpened metal rod. The attack occurred as defendant was being released from his cell to be escorted to recreation. Defendant has appealed his conviction after trial.
We find no merit in defendant's contention that the verdict is against the weight of the evidence. Viewing the record in a light most favorable to the People and giving proper deference to weighing of credibility by the jury, we find that the verdict was amply supported by the weight of the evidence and should not be disturbed (see, People v Bleakley, 69 N.Y.2d 490). Nor was defendant denied effective representation. The circumstances fail to support a motion to dismiss on constitutional speedy trial grounds (see, People v Taranovich, 37 N.Y.2d 442, 445) and the decision to call as witnesses only three of defendant's fellow special housing inmates was clearly a tactical decision of trial strategy (see, People v Baldi, 54 N.Y.2d 137, 146-147). Defendant failed to preserve for review the issues of lack of foundation for rebuttal witnesses and the recusal of the Trial Judge prior to sentencing (see, CPL 470.05). We find no merit in defendant's remaining contentions.
Cardona, White, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed.