People v. Samuels

240 A.D.2d 303, 659 N.Y.S.2d 751, 1997 N.Y. App. Div. LEXIS 6733

Opinion

Judgment, Supreme Court, Bronx County (Joseph Mazur, J.), rendered September 30, 1994, convicting defendant, after a nonjury trial, of assault in the first degree and criminal possession of a weapon in the fourth degree, and sentencing him, as a second felony offender, to concurrent prison terms of 4 to 8 years and 1 year, respectively, unanimously affirmed.

Upon the existing record, we conclude that defendant received effective assistance of counsel. Counsel’s decision not to pursue a Sandoval hearing created no prejudice in this non-jury trial (People v Watson, 162 AD2d 360). Contrary to defendant’s conclusory argument on appeal, we find that counsel vigorously pursued the defense of justification. Defendant’s contention concerning the mandatory surcharge is premature (People v Ramirez, 165 AD2d 656, lv denied 77 NY2d 881). Concur—Murphy, P. J., Wallach, Rubin, Tom and Andrias, JJ.