People v. Spencer

—Judgment unanimously affirmed. Memorandum: Defendant was convicted *1063of two counts of rape in the first degree (Penal Law § 130.35 [1], [3]) and one count of endangering the welfare of a child (Penal Law § 260.10 [1]). We reject the contention of defendant that he was denied effective assistance of counsel. Defendant failed to demonstrate the absence of a strategic explanation for defense counsel’s failure to cross-examine the victim concerning inconsistencies in her Grand Jury and trial testimony (see, People v Garcia, 75 NY2d 973, 974). The evidence, the law and the circumstances of this…