To the extent that this may be considered a record-based claim (see People v Irick, 203 A.D.3d 517, 518-519 [2022]; People v Townsend, 202 A.D.3d 447, 448 [2022], lv denied 38 N.Y.3d 954 [2022]), it cannot be said that defendant's first attorney was without strategy in declining to facilitate defendant's second appearance before the grand jury in view of defendant's intent to offer alibi evidence after having already provided sworn testimony that he committed the subject crime (see generally People v Hogan, 26 N.Y.3d 779, 786-787 [2016]). In view of the trial evidence and the fact that the jury ultimately rejected defendant's alibi defense, defendant has also failed to establish that he suffered any prejudice from the purported error (see People v Hogan, 26 N.Y.3d at 787; People v Washington, 192 A.D.3d 1535, 1535 [2021]; People v Graham, 185 A.D.3d 1221, 1223 [2020], lv denied 36 N.Y.3d 929 [2020]; People v Lasher, 166 A.D.3d 1242, 1242 [2018], lv denied 32 N.Y.3d 1174 [2019]). Defendant also claims that his third attorney repeatedly took positions adverse to his interests (see generally People v Mitchell, 21 N.Y.3d 964, 967 [2013]).

To the extent that this may be considered a record-based claim (seePeople v. Irick, 203 A.D.3d 517, 518–519, 163 N.Y.S.3d 530 [2022] ; People v. Townsend, 202 A.D.3d 447, 448, 160 N.Y.S.3d 251 [2022], lv denied 38 N.Y.3d 954, 165 N.Y.S.3d 446, 185 N.E.3d 967 [2022] ), it cannot be said that defendant's first attorney was without strategy in declining to facilitate defendant's second appearance before the grand jury in view of defendant's intent to offer alibi evidence after having already provided sworn testimony that he committed the subject crime (see generallyPeople v. Hogan, 26 N.Y.3d 779, 786–787, 28 N.Y.S.3d 1, 48 N.E.3d 58 [2016] ). In view of the trial evidence and the fact that the jury ultimately rejected defendant's alibi defense, defendant has also failed to establish that he suffered any prejudice from the purported error (seePeople v. Hogan, 26 N.Y.3d at 787, 28 N.Y.S.3d 1, 48 N.E.3d 58 ; People v. Washington, 192 A.D.3d 1535, 1535, 140 N.Y.S.3d 838 [2021] ; People v. Graham, 185 A.D.3d 1221, 1223, 127 N.Y.S.3d 647 [2020], lv denied 36 N.Y.3d 929, 135 N.Y.S.3d 332, 159 N.E.3d 1099 [2020] ; People v. Lasher, 166 A.D.3d 1242, 1242, 88 N.Y.S.3d 277 [2018], lv denied 32 N.Y.3d 1174, 97 N.Y.S.3d 584, 121 N.E.3d 211 [2019] ). Defendant also claims that his third attorney repeatedly took positions adverse to his interests (see generallyPeople v. Mitchell, 21 N.Y.3d 964, 967, 970 N.Y.S.2d 919, 993 N.E.2d 405 [2013] ).