STATE v. McFADDEN

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 upon a jury verdict of murder in the second degree (Penal Law § 125.25) and attempted robbery in the first degree (§§ 110.00, 160.15 [4]). We reject the contention of defendant that he was denied effective assistance of counsel based on defense counsel's failure to object to the cross-examination of defendant on an unrelated pending charge. In view of the overwhelming evidence against defendant, we conclude that defense counsel's "single failing in an otherwise competent performance [was not] so `egregious and prejudicial' as to deprive . . . defendant of his constitutional right [to a fair trial]" ( People v Turner, 5 NY3d 476, 480; see generally People v Caban, 5 NY3d 143, 152; People v Benevento, 91 NY2d 708, 712-713). Finally, the verdict is not against the weight of the evidence ( see generally People v Bleakley, 69 NY2d 490, 495).