PEOPLE v. TORRES

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he was not denied the effective assistance of counsel because the defense counsel did not raise a justification defense. A review of the record indicates that the defense counsel implemented a reasonable strategy at all stages of the trial (see, People v. Hobot, 84 N.Y.2d 1021, 1022). In any event, there was no basis for raising a justification defense. Viewed in the light most favorable to the defendant (see, People v. Padgett, 60 N.Y.2d 142; People v. Watts, 57 N.Y.2d 299), the evidence was insufficient to establish that he shot the victim while the victim was attempting to commit a burglary (see, Penal Law — 35.20; People v. Cox, 92 N.Y.2d 1002; People v. Goetz, 68 N.Y.2d 96; People v. Godfrey, 80 N.Y.2d 860; People v. Bertone, 213 A.D.2d 417).

The defendant's remaining contentions are without merit.

KRAUSMAN, J.P., FRIEDMANN, FLORIO and ADAMS, JJ., concur.