PEOPLE v. SPENCER (1999)

 Defendant was convicted of two counts of rape in the first degree (Penal Law § 130.35[1], [3] ) and one count of endangering the welfare of a child (Penal Law § 260.10[1] ).   We reject the contention of defendant that he was denied effective assistance of counsel.   Defendant failed to demonstrate the absence of a strategic explanation for defense counsel's failure to cross-examine the victim concerning inconsistencies in her Grand Jury and trial testimony (see, People v. Garcia, 75 N.Y.2d 973, 974, 556 N.Y.S.2d 505, 555 N.E.2d 902).   The evidence, the law and the circumstances of this case, “viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation” (People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400).

 Defendant failed to preserve for our review his present contention that portions of the testimony of the People's medical expert were inadmissible (see, People v. Harrison, 176 A.D.2d 1199, 576 N.Y.S.2d 697, lv. denied 79 N.Y.2d 827, 580 N.Y.S.2d 208, 588 N.E.2d 106).   In any event, the testimony was properly admitted as relevant to diagnosis and treatment (see, People v. Torres, 175 A.D.2d 635, 572 N.Y.S.2d 269, lv. denied 78 N.Y.2d 1082, 577 N.Y.S.2d 246, 583 N.E.2d 958).   The verdict is supported by legally sufficient evidence and 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).

Judgment unanimously affirmed.

MEMORANDUM: