People v Nowicki
2008 NY Slip Op 02179 [49 AD3d 666]
March 11, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


The People of the State of New York, Respondent,
v
Steven Nowicki, Appellant.

[*1] Scott B. Tulman, New York, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Smith, J.), rendered January 24, 2001, convicting him of sodomy in the first degree (4 counts), sexual abuse in the first degree (16 counts), and endangering the welfare of a child (2 counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that he was denied the effective assistance of counsel is without merit. The record demonstrates that defense counsel effectively cross-examined the People's witnesses, delivered a cogent opening and closing statement, and presented a plausible defense (see People v Dolan, 2 AD3d 745, 747 [2003]; People v Groonell, 256 AD2d 356, 357 [1998]). The specific errors of defense counsel raised by the defendant either reflect the defendant's disagreement with reasonable trial tactics and strategies, or are not so serious as to deprive the defendant of a fair trial (see People v Rose, 307 AD2d 270, 271 [2003]). Thus, the defendant was provided with meaningful representation (see People v Baldi, 54 NY2d 137, 147 [1981]). Skelos, J.P., Fisher, Dillon and McCarthy, JJ., concur.