PEOPLE v. GUZIT (1999)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vaughan, J.), rendered October 17, 1996, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

We reject the defendant's contention that he was denied the effective assistance of counsel.   The defendant failed to demonstrate “ ‘the absence of strategic or other legitimate explanations' for counsel's alleged shortcomings” at trial (People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584, quoting People v. Rivera, 71 N.Y.2d 705, 709, 530 N.Y.S.2d 52, 525 N.E.2d 698;  see, People v. Satterfield, 66 N.Y.2d 796, 799, 497 N.Y.S.2d 903, 488 N.E.2d 834).   Moreover, viewing counsel's conduct in its entirety, the defendant was not deprived of meaningful representation (see, People v. Benevento, supra;  People v. Flores, 84 N.Y.2d 184, 187, 615 N.Y.S.2d 662, 639 N.E.2d 19;  People v. Finch, 199 A.D.2d 278, 604 N.Y.S.2d 222).

Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5];  People v. Jefferson, 212 A.D.2d 546, 623 N.Y.S.2d 126).

The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit.

MEMORANDUM BY THE COURT.