Opinion
KA 03-01822.
September 30, 2005.
Appeal from a judgment of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), rendered January 21, 2003. The judgment convicted defendant, upon a jury verdict, of attempted rape in the first degree and sexual abuse in the first degree.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (ERIC M. DOLAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (MARGARET A. JONES OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present: Pigott, Jr., P.J., Gorski, Martoche, Pine and Lawton, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him after a jury trial of attempted rape in the first degree (Penal Law §§ 110.00, 130.35) and sexual abuse in the first degree (§ 130.65 [1]). We reject the contention of defendant that he was denied effective assistance of counsel ( see generally People v. Baldi, 54 NY2d 137, 147). The record establishes that defense counsel "vigorously pursued" a strategic defense ( People v. Garcia, 75 NY2d 973, 974; see People v. Cleveland, 281 AD2d 815, 816, lv denied 96 NY2d 900). We also reject defendant's contention that the sentence is unduly harsh or severe.