Opinion
September 28, 1999
Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered March 19, 1997, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 1 1/2 to 3 years, unanimously affirmed.
Annica H. Jin for Respondent.
Jay L. Weiner for Defendant-Appellant.
SULLIVAN, J.P., NARDELLI, WALLACH, ANDRIAS, FRIEDMAN, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence of defendant's participation in the crime, including evidence that he engaged in the "casing" of potential victims, distracted the complainant as the codefendant took property from the complainant's pocket, blocked the complainant's path as he tried to pursue the codefendant, and fled with the codefendant (see, People v. Harris, 213 A.D.2d 265, lv denied 85 N.Y.2d 973; People v. Gibson, 210 A.D.2d 8, lv denied 84 N.Y.2d 1031).
Defendant's ineffective assistance of counsel claim would require a motion pursuant to CPL 440.10 in order to develop the record further as to matters of strategy. On the existing record, we find that defendant received meaningful representation (see, People v. Benevento, 91 N.Y.2d 708). We note that many of defendant's attacks on trial counsel are unfounded, including his criticism of counsel for failing to object to various evidence that we find to be clearly admissible.
The court's charge on identification was more than adequate(see, People v. Whalen 59 N.Y.2d 273)
Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.