People v. Smith

Judgment unanimously affirmed. Memorandum: We reject the contention that defendant was denied effective assistance of counsel because his attorney was compelled to take a position adverse to him (cf., People v Welsh, 207 AD2d 1025, 1026). Defense counsel made no comment adverse to defendant during the Outley hearing (see, People v Outley, 80 NY2d 702). He confirmed that defendant had called his office on the scheduled date of sentencing, and he supported the explanation proffered by defendant concerning possible danger that defendant might suffer if he appeared in court. Defense counsel urged…