Opinion
November 14, 1989
Appeal from the Supreme Court, New York County (Kleiman, J.).
Viewed in totality, the record does not reveal that defense counsel failed to provide meaningful representation, and thus, defendant's claim of ineffective assistance of counsel is without merit (People v Baldi, 54 N.Y.2d 137). Specifically, defendant's argument regarding defense counsel's argumentative nature appears nothing more than zealous advocacy. Similarly, defense counsel's failure to file a Sandoval motion is not in itself sufficient to warrant reversal (People v Rivera, 71 N.Y.2d 705). And on the merits, it appears to have been a trial tactic to highlight defendant's law-abiding nature since the time of his prior arrest 30 years ago. Moreover, in view of the overwhelming evidence presented by the prosecution in this case, the defendant has failed to show that any possible improper actions on the part of defense counsel prejudiced the outcome of the trial, which would be a necessary element for reversal on these grounds (People v De La Hoz, 131 A.D.2d 154).
Concur — Ross, J.P., Asch, Milonas, Rosenberger and Ellerin, JJ.