People v. Sumpter

Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that he was denied effective assistance of counsel. The record establishes that counsel’s decision not to withdraw from the case in order to testify on defendant’s behalf at the Wade hearing and at trial concerning an impropriety he allegedly witnessed at the line-up was founded in trial strategy and was made after consultation with defendant. Defendant’s identity was a central issue at trial. Because the People’s witnesses had only a limited opportunity to view defendant’s partially concealed face during the robbery,…