PEOPLE v. BEMBRY (1999)

Defendant's conviction of attempted murder in the second degree (Penal Law §§ 110.00, 125.25[1] ) is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   Defendant contends that County Court erred in precluding alibi testimony by his sister.   Defendant failed, however, to establish that his sister was an alibi witness.   In any event, defendant did not give a reasonable explanation for failing to comply with CPL 250.20 and waiting until one day before the commencement of jury selection to inform the People that he intended to call his sister as an alibi witness (see, People v. Gethers, 212 A.D.2d 544, 544-545, 622 N.Y.S.2d 328, lv. denied 85 N.Y.2d 973, 629 N.Y.S.2d 733, 653 N.E.2d 629;  People v. Bernard, 210 A.D.2d 419, 620 N.Y.S.2d 414, lv. denied 85 N.Y.2d 906, 627 N.Y.S.2d 329, 650 N.E.2d 1331).   We reject the contention of defendant that he was denied effective assistance of counsel.  “The claimed deficiencies in counsel's performance do not undercut the conclusion that defendant * * * received meaningful representation” (People v. Benevento, 91 N.Y.2d 708, 714, 674 N.Y.S.2d 629, 697 N.E.2d 584).   The sentence is neither unduly harsh nor severe.

Judgment unanimously affirmed.

MEMORANDUM: