PEOPLE v. LORET

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a nonjury trial of murder in the second degree (Penal Law § 125.25). We reject the contention of defendant in his main brief that he was denied effective assistance of counsel ( see generally People v Baldi, 54 NY2d 137, 147). Defendant failed to meet his burden of demonstrating "`the absence of strategic or other legitimate explanations' for [defense] counsel's alleged shortcomings", ( People v Benevento, 91 NY2d 708, 712). Indeed, defense counsel's coherent strategy at trial to cast doubt on the forensic procedures used by the prosecution's witnesses is apparent from the record ( see People v Hewlett, 71 NY2d 841, 842). We further conclude that defense counsel's failure to call a rebuttal expert witness did not constitute ineffective assistance of counsel absent a showing that the expert's testimony would have assisted the trier of fact or that defendant was prejudiced by the absence of such testimony ( see People v Brandi E., 38 AD3d 1218, 1219, lv denied 9 NY3d 863). Contrary to defendant's contention, defense counsel's comments at the sentencing hearing were neither adverse to defendant's position, nor amounted to defense counsel becoming a witness against defendant ( cf. People v Lawrence, 27 AD3d 1091). The remaining contentions of defendant in his main and pro se supplemental briefs are without merit.