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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEN McRAE, Appellant.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution, as we must (People v. Benzinger, 36 N.Y.2d 29), the evidence is legally sufficient to support the defendant's conviction (see, People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932). Moreover, upon the exercise of our factual review power, we are satisfied that the evidence established the defendant's guilt beyond a reasonable doubt and the verdict was not against the weight of the evidence (CPL 470.15). It was within the province of the jury to assess the credibility of the defendant's alibi witnesses in the face of conflicting evidence adduced by the People (People v. Dudley, 110 A.D.2d 652).

Contrary to defendant's pro se argument, trial counsel's representation of him was constitutionally adequate. The courts will not second-guess a reasonable trial strategy; mere losing tactics, when viewed in hindsight, do not render counsel ineffective (People v. Lane, 60 N.Y.2d 748; People v. Baldi, 54 N.Y.2d 137; People v. Dudley, supra).

We have considered all of the defendant's other claims and find them to be unpreserved for appellate review or without merit. Mangano, J.P., Brown, Lawrence and Spatt, JJ., concur.

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PEOPLE v. McRAE
(Nov 9, 1987)