| People v Becoats |
| 2009 NY Slip Op 03571 [62 AD3d 1257] |
| May 1, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Corey E.Becoats, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Leslie E. Swift of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (Donald J. Mark, J.),rendered May 23, 2002. The judgment convicted defendant, upon a jury verdict, of criminal saleof a controlled substance in the third degree (two counts).
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon a jury verdict of two countsof criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]),defendant contends that he was denied effective assistance of counsel. We reject that contention(see generally People v Baldi, 54 NY2d 137, 147 [1981]). Defendant has failed " 'todemonstrate the absence of strategic or other legitimate explanations' for [defense] counsel'salleged shortcomings" (People v Benevento, 91 NY2d 708, 712 [1998]).Present—Martoche, J.P., Smith, Centra, Fahey and Pine, JJ.