Opinion
Decided September 2, 1993
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Franklin R. Weissberg, J., Harold J. Rothwax, J.
Lawrence A. Vogelman, New York City, Barry C. Scheck and Ellen Yaroshefsky for appellant.
Robert M. Morgenthau, District Attorney of New York County, New York City (Donna Krone of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed. For the reasons stated by the majority at the Appellate Division, we reject defendant's argument that the trial court's inquiry pertaining to his request for new counsel was inadequate. Under the circumstances here, we conclude that no further inquiry was required. Moreover, we find no merit in defendant's contention that his attorney provided inadequate representation. Counsel's decision not to call a witness, whose testimony he assessed as weak, was a strategic legal decision which does not amount to ineffective assistance of counsel (see, People v Baldi, 54 N.Y.2d 137, 150-152). Finally, defendant's arguments concerning the prosecutor's summation are meritless. The statements complained of constituted nothing more than permissible references to the absence of credible testimony supporting defendant's alibi defense (see, People v Allen, 121 A.D.2d 453, 454, affd 69 N.Y.2d 915).
Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed in a memorandum.