Opinion
December 27, 2000.
Appeal from Judgment of Onondaga County Court, Burke, J. — Attempted Robbery, 3rd Degree.
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, SCUDDER AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him after a jury trial of attempted robbery in the third degree (Penal Law § 110.00, 160.05). Contrary to the contention of defendant, the verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). With respect to his contention that he was denied effective assistance of counsel, defendant failed to demonstrate "`the absence of strategic or other legitimate explanations' for counsel's alleged shortcomings" ( People v. Benevento, 91 N.Y.2d 708, 712, quoting People v. Rivera, 71 N.Y.2d 705, 709) and based upon our review of the record we conclude that defendant received meaningful representation ( see, People v. Baldi, 54 N.Y.2d 137, 147). We further conclude that County Court did not abuse its discretion in denying defendant's requests for a second adjournment of the trial and a continuance to obtain the testimony of a defense witness ( see generally, Matter of Anthony M., 63 N.Y.2d 270, 283-284).