Majority
p. 1062The People of the State of New York, Respondent, v Richard Spencer, Appellant. [692 NYS2d 281]
—Judgment unanimously affirmed. Memorandum: Defendant was convicted
p. 1063
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 NY2d 973 , 974). 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 NY2d 137 , 147).
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 AD2d 1199 , lv denied 79 NY2d 827 ). In any event, the testimony was properly admitted as relevant to diagnosis and treatment (see, People v Torres, 175 AD2d 635 , lv denied 78 NY2d 1082 ). The verdict is supported by legally sufficient evidence and is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495). (Appeal from Judgment of Supreme Court, Erie County, Burns, J. — Rape, 1st Degree.) Present — Green, J. P., Lawton, Pigott, Jr., Callahan and Balio, JJ.
Cases cited
- People v. Garcia 75 NY2d 973 at 974 p. 1063
- People v. Baldi 54 NY2d 137 at 147 p. 1063
- People v. Bleakley 69 NY2d 490 at 495 p. 1063