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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK RODRIGUEZ, Appellant.

Judgment affirmed.

We find nothing in the record indicating that defendant was deprived of the effective assistance of counsel. Defense counsel's decision to introduce evidence of defendant's good character was employed as a trial strategy designed to rebut the People's proof that defendant was a violent person. Mere losing trial tactics do not constitute ineffective assistance of counsel when the attorney has provided "meaningful representation", considering all of the facts and circumstances of the particular case (People v Baldi, 54 N.Y.2d 137, 146-147; cf. People v Ofunniyin, 114 A.D.2d 1045).

We decline to invoke our discretion to modify the sentence imposed by the trial court (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Brown, Weinstein and Eiber, JJ., concur.

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PEOPLE v. RODRIGUEZ
(Jan 21, 1986)