PEOPLE v. NAKOVICS

Ordered that the judgment is affirmed.

At trial, the prosecution improperly elicited photographic identification testimony on direct examination. Defense counsel objected but refrained from making a motion for a mistrial. The defendant contends that the failure to move for a mistrial constituted ineffective assistance of counsel. We disagree. A review of the record reveals that the attorney provided meaningful representation (see, People v. Baldi, 54 N.Y.2d 137, 146-147; see also, People v. Rivera, 71 N.Y.2d 705, 708-709; People v. Harris, 109 A.D.2d 351).

The defendant's further contention that he was deprived of a fair trial as a result of the court's charge is unpreserved for appellate review as a matter of law (CPL 470.15), and review in the interest of justice is not warranted. Weinstein, J.P., Bracken, Kunzeman and Rubin, JJ., concur.