People v. Warren

— Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that he was denied effective assistance of counsel. Viewing the totality of the record as of the time of the representation, we find that, while counsel’s conduct was not error free, the representation provided defendant was meaningful (see, People v Satterfield, 66 NY2d 796, 799-800; People v Baldi, 54 NY2d 137, 147; People v Trait, 139 AD2d 937, 938, lv denied 72 NY2d 867).

The trial court did not err by refusing to charge sexual abuse in the third degree (Penal Law § 130.55) as a lesser included offense of sexual…