People v. Estrada

192 A.D.2d 495, 597 N.Y.S.2d 668, 1993 N.Y. App. Div. LEXIS 4397

Opinion

—Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered January 18, 1990, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the first degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

In the absence of additional facts that might have been developed had a motion been made pursuant to CPL 440.10, we cannot conclude that defendant’s counsel was ineffective on this record, merely because counsel, faced with overwhelming evidence of guilt, presented a risky defense (People v Love, 57 NY2d 998). Accordingly, defendant has failed to show that any possible improper actions on the part of his attorney prejudiced the outcome of the trial (People v Mackey, 155 AD2d 297).

We have considered defendant’s remaining claims, including those raised in his pro se supplemental brief, and find them to be without merit. Concur — Rosenberger, J. P., Ellerin, Asch and Rubin, JJ.