Opinion
June 27, 1995
Appeal from the Supreme Court, New York County (Ronald Zweibel, J.).
The jury's verdict was neither based on insufficient evidence nor was it against the weight of the evidence. Alleged inconsistencies in testimony were properly presented to the jury, and we see no reason to disturb its findings.
Defendant's claim of ineffective assistance of counsel is without merit, based as it is entirely on defendant's allegation that his initial attorney failed to secure defendant's right to testify before the Grand Jury ( People v. Hunter, 169 A.D.2d 538, 539, lv denied 77 N.Y.2d 907), and also because there is no evidence in the record to support defendant's allegation that he informed his attorney of his desire to testify ( see, People v Jones, 200 A.D.2d 441, lv denied 83 N.Y.2d 854; People v Cipolla, 171 A.D.2d 557).
We perceive no abuse of sentencing discretion, especially considering defendant's exceptionally serious criminal history.
Concur — Murphy, P.J., Ellerin, Wallach, Rubin and Tom, JJ.