| People v Crespo |
| 2008 NY Slip Op 02413 [49 AD3d 1308] |
| March 14, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v MiguelCrespo, Appellant. |
—[*1] Frank J. Clark, District Attorney, Buffalo (Michael J. Hillery of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered July14, 2006. The judgment convicted defendant after a nonjury trial of, inter alia, robbery in thethird degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him after a nonjury trial ofrobbery in the third degree (Penal Law § 160.05), assault in the third degree (§120.00 [1]), and menacing in the second degree (§ 120.14 [1]). We reject the contention ofdefendant that he was denied effective assistance of counsel based upon defense counsel's failureto assert the defense that defendant was not guilty by reason of mental disease or defect (see generally People v Davalloo, 39AD3d 559 [2007], lv denied 9 NY3d 864 [2007]). Defendant failed to meet hisburden of "demonstrat[ing] the absence of strategic or other legitimate explanations" for defensecounsel's failure to assert that defense (People v Garcia, 75 NY2d 973, 974 [1990]) and,upon our review of the record, we conclude that defense counsel provided meaningfulrepresentation to defendant (see generally People v Benevento, 91 NY2d 708, 712[1998]; People v Baldi, 54 NY2d 137, 147 [1981]). Contrary to defendant's furthercontention, the verdict is not against the weight of the evidence (see generally People vBleakley, 69 NY2d 490, 495 [1987]). Present—Hurlbutt, J.P., Martoche, Lunn, Greenand Gorski, JJ.