People v. Castricone

Judgment unanimously affirmed. Memorandum: There is no merit to the contention of defendant that he was deprived of a fair trial by ineffective assistance of counsel based upon defense counsel’s failure to call certain defense witnesses. Upon remittal (People v Castricone, 224 AD2d 1019), defendant’s trial counsel testified that he and defendant discussed whether to call the witnesses and concluded that the testimony would have been severely undermined on cross-examination and would have been detrimental to the defense. Trial counsel also testified that the decision was not made by counsel…