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PEOPLE v. ADAMS

Appellate Division of the Supreme Court of New York, Second Department.
Nov 15, 2004
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Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he was not denied the effective assistance of counsel. Viewing the record as a whole, the defendant received meaningful representation ( see People v. Baldi, 54 NY2d 137). The defense counsel presented a reasonable defense, interposed appropriate objections, and effectively cross-examined witnesses ( see People v. Wright, 8 AD3d 507, 508; People v. Washington, 5 AD3d 615, lv denied 3 NY3d 650). Unsuccessful trial strategies and tactics do not constitute ineffective assistance of counsel ( see People v. Henry, 95 NY2d 563).

The defendant's contention that the evidence was legally insufficient to support his convictions is unpreserved for appellate review ( see CPL 470.05). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).