People v. Thompson

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant argues that he was denied effective assistance of counsel because his trial attorney failed to interview and to call to the stand an exculpatory eyewitness who had told the police that she was "eighty percent sure” of her identification of the robbers, but had identified from a photo array two other men as the perpetrators. At a CPL 440.10 hearing, defendant’s attorney testified that he had decided to conduct his defense by cross-examining the People’s sole identification witness, the complainant,…