People v. Yourdon

Judgment unanimously affirmed. Memorandum: On this appeal from a judgment convicting defendant of rape and sodomy, defendant contends that he was deprived of effective assistance of counsel solely because his counsel did not request that a test be made of the seminal fluid found in the victim’s vaginal tract to determine the blood type of the perpetrator. Just as a showing of counsel’s failure to make a particular pretrial motion generally does not, by itself, establish ineffective assistance of counsel, neither does a showing of failure to request a particular scientific test. It is…