Opinion
May 26, 1998
Appeal from the Supreme Court, New York County (Mary McGowan Davis, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Given the jury's credibility determinations, which we see no reason to disturb, there was ample evidence from which the jury could infer that defendant removed the victims wallet from her handbag and immediately disposed of it, preventing its recovery.
The existing record, which defendant has not sought to amplify by means of a CPL article 440 motion whereby trial counsels strategic decisions could be explored ( see, People v. Love, 57 N.Y.2d 998), does not support defendants claim that he received ineffective assistance of counsel ( People v. Baldi, 54 N.Y.2d 137).
We perceive no abuse of discretion in sentencing.
Concur — Milonas, J.P., Nardelli, Mazzarelli and Andrias, JJ.