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THE PEOPLE, etc., respondent, v. DAVE SINCLAIR, appellant. (Ind. No. 2596/96)

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, under the totality of the circumstances, he received the effective assistance of counsel to which he was constitutionally entitled ( see, People v. Benevenuto, 91 N.Y.2d 708, 712-713; People v. Baldi, 54 N.Y.2d 137, 147). Mere losing tactics are not to be confused with ineffectiveness, and to sustain a claim of ineffective assistance of trial counsel, proof of less than meaningful representation is required, rather than disagreement with counsel's strategies and tactics ( see, People v. Benevento, 91 N.Y.2d 708, 713; People v. Rivera, 71 N.Y.2d 705; People v. Satterfield, 66 N.Y.2d 796; People v. Mack, 235 A.D.2d 548, 550; People v. Rodriguez, 196 A.D.2d 514).

BRACKEN, J.P., S. MILLER, THOMPSON, and FRIEDMANN, JJ., concur.

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PEOPLE v. SINCLAIR
(Nov 30, 1999)