Opinion
2000-07444.
Argued October 20, 2003.
November 24, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.), rendered August 1, 2000, convicting him of robbery in the first degree, robbery in the second degree (two counts), criminal possession of stolen property in the third degree, criminal possession of stolen property in the fourth degree, and unauthorized use of a vehicle in the third degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and William C. Milaccio of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, he was not deprived of the effective assistance of counsel ( see People v. Benevento, 91 N.Y.2d 708, 712). In evaluating claims of ineffective assistance, the defense counsel's efforts should not be second-guessed with hindsight ( see People v. Benevento, supra; People v. Satterfield, 66 N.Y.2d 796, 799). Furthermore, "a reviewing court must avoid confusing true ineffectiveness with mere losing tactics" ( People v. Benevento, supra at 712; see People v. Baldi, 54 N.Y.2d 137, 146).
The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit.
FLORIO, J.P., FRIEDMANN, H. MILLER and MASTRO, JJ., concur.