PEOPLE v. SAMUELS

Upon the existing record, we conclude that defendant received effective assistance of counsel. Counsel's decision not to pursue a Sandoval hearing created no prejudice in this nonjury trial ( People v. Watson, 162 A.D.2d 360). Contrary to defendant's conclusory argument on appeal, we find that counsel vigorously pursued the defense of justification. Defendant's contention concerning the mandatory surcharge is premature ( People v Ramirez, 165 A.D.2d 656, lv denied 77 N.Y.2d 881).

Concur — Murphy, P.J., Wallach, Rubin, Tom and Andrias, JJ.