People v. Hernandez

*336Defendant received effective assistance of counsel under the state and federal standards (see People v Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]). Defendant asserts that his counsel rendered ineffective assistance by failing to make specific challenges to the sufficiency of the evidence. While failing to make a “winning argument” can constitute ineffective assistance (People v Turner, 5 NY3d 476, 481 [2005]), none of the arguments in question fall into that category. The evidence supported the conclusion that defendant had no privilege or…