Defendant was eventually captured and held for the police, who found 25 washcloths hidden in his clothing. Defendant was indicted and tried on two counts each of first and second degree robbery and second degree assault. Defense counsel successfully sought dismissal of one of the first degree robbery counts and won acquittals on both assault counts. The jury convicted defendant of the remaining charges and he now appeals from the Appellate Division order affirming the conviction. The sole claim raised here is ineffective assistance of counsel.
Trial practice is as much an art as a science.
Trial lawyers bring their own talents, experiences and personality into the courtroom, and given the unique attributes of each case, must devise and execute appropriate strategy. Defendant's representation satisfied this standard. The factual basis for this strategy was established on cross-examination, where counsel elicited the separation, in time and space, between the larceny in the basement and the later use of force on the first floor. Contrary to defendant's current claim, this was a reasonable trial strategy, and indeed, is not much different than the theory defendant now urges should have been adopted. As is evident from the length of its deliberations and the nature of its questions, the jury gave this defense serious consideration.