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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARREN CAIN, Appellant.

Ordered that the judgment is affirmed.

We reject the defendant's contention that he was denied the effective assistance of counsel. Viewing the conduct of the defendant's counsel in its entirety, the defendant was not deprived of effective assistance ( see, People v. Benevento, 91 N.Y.2d 708, 712; People v. Flores, 84 N.Y.2d 184, 187; People v. Finch, 199 A.D.2d 278). The defendant has failed to demonstrate the absence of any strategic or legitimate explanation for his counsel's conduct at trial ( see, People v. Benevento, supra; People v. Satterfield, 66 N.Y.2d 796, 799). Accordingly, we find that the defendant received meaningful representation ( see, People v. Benevento, supra).

The sentence imposed upon the defendant was not excessive ( see, People v. Miranda, 213 A.D.2d 560, 561; People v. Suitte, 90 A.D.2d 80, 86-87).

Rosenblatt, J. P., Santucci, Altman and Friedmann, JJ., concur.

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PEOPLE v. CAIN
(Nov 30, 1998)