PEOPLE v. WELLS

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he was not deprived of the effective assistance of counsel ( see People v. Benevento, 91 N.Y.2d 708, 712). In evaluating claims of ineffective assistance, the defense counsel's efforts should not be second-guessed with hindsight ( see People v. Benevento, supra; People v. Satterfield, 66 N.Y.2d 796, 799). Furthermore, "a reviewing court must avoid confusing true ineffectiveness with mere losing tactics" ( People v. Benevento, supra at 712; see People v. Baldi, 54 N.Y.2d 137, 146).

The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit.

FLORIO, J.P., FRIEDMANN, H. MILLER and MASTRO, JJ., concur.