Opinion
March 7, 1994
Appeal from the Supreme Court, Westchester County (Carey, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, we find that he was not deprived of his constitutional right to the effective assistance of counsel because counsel did not file a notice of alibi. The record reveals that the defense counsel was not informed by his client of the purported existence of an alibi witness until after the trial had started. The defense counsel vigorously attempted to call this witness; however, the court in its discretion precluded the witness from testifying. The record demonstrates that the defendant was provided with meaningful representation (see, People v. Baldi, 54 N.Y.2d 137). It was shown that counsel made a cogent opening statement, conducted tenacious and skillful cross-examination and made a well-reasoned closing statement (see, People v. Finch, 199 A.D.2d 278). Bracken, J.P., O'Brien, Copertino and Hart, JJ., concur.