Opinion
January 31, 1992
Appeal from the Ontario County Court, Henry, Jr., J.
Present — Denman, P.J., Pine, Balio, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's contention that he was deprived of his right to a fair trial by prosecutorial misconduct during the trial (see, People v. Plant, 138 A.D.2d 968, lv denied 71 N.Y.2d 1031; see also, People v. Galloway, 54 N.Y.2d 396). Defendant was not deprived of the effective assistance of counsel. Viewing the circumstances in their totality and as of the time of the representation (see, People v. Baldi, 54 N.Y.2d 137, 147), we conclude that defendant was afforded meaningful representation (see, People v. Anastasi, 177 A.D.2d 952).
We have examined defendant's remaining contentions and find that they do not require reversal.