Majority
—Judgment unanimously affirmed. Memorandum: There is no merit to the contention that defense counsel’s failure to move for a mistrial constituted ineffective assistance of counsel. The record establishes that defense counsel provided meaningful representation (see, People v Baldi, 54 NY2d 137 , 146-147; People v Nakovics, 144 AD2d 704 , lv denied 73 NY2d 894 ). There is likewise no merit to defendant’s contention that the verdict is against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495). Finally, defendant’s sentence is not harsh or excessive. (Appeal from Judgment of Genesee County Court, Morton, J.—Rape, 3rd Degree.) Present—Denman, P. J., Green, Fallon, Callahan and Boehm, JJ.
Cases cited
- People v. Baldi 54 NY2d 137 at 146-147 p. 1004
- People v. Bleakley 69 NY2d 490 at 495 p. 1004