People v. Pena

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of criminal possession of a controlled substance in the third and fourth degrees (Penal Law § 220.16 [1]; § 220.09 [1]), forgery in the second degree (Penal Law § 170.10 [1]) and criminal impersonation in the second degree (Penal Law § 190.25 [1]). The charges arose from an incident in which the police found a quantity of heroin in the basement of a building and defendant hiding nearby. Defendant contends that he was denied effective assistance of counsel principally because his…