Opinion
No. 2005-06357.
December 9, 2008.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.), rendered May 19, 2005, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Leonard J. Levenson, New York, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.
Before: Mastro, J.P., Florio, Eng and Chambers, JJ. concur.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the record demonstrates that he received the effective assistance of trial counsel ( see People v Baldi, 54 NY2d 137; People v Myers, 220 AD2d 461). Defense counsel's trial strategy apparently was to secure his acquittal of murder in the first degree, which strategy was successful.
The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).
The defendant's remaining contention is without merit.