Opinion
November 28, 1988
Appeal from the Supreme Court, Queens County (Posner, J.).
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.