The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility and identification.
Defendant was not entitled to a hearing on his claim, made in a motion to dismiss the indictment pursuant to CPL 190.50 (5) (c), that he received ineffective assistance of counsel at the Grand Jury stage of the proceedings. Even if credited, defendant's claim that his original attorney failed to effectuate defendant's alleged desire to testify before the Grand Jury would not be sufficient to establish ineffective assistance ( People v. Wiggins, 89 N.Y.2d 872; People v. Bundy, 186 A.D.2d 357, lv denied 81 N.Y.2d 837).
Concur — Sullivan, J. P., Ellerin, Williams and Tom, JJ.