People v. Manning

I respectfully dissent and would affirm. While I agree with the majority that the conviction is supported by legally sufficient evidence and that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]), I disagree with the majority’s resolution of defendant’s contention concerning ineffective assistance of counsel. To establish ineffective assistance of counsel based on the failure to make a particular motion, “it is incumbent on defendant to demonstrate the absence of strategic or other legitimate explanations for [defense] counsel’s…