People v. Barboni

Memorandum:

On appeal from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [4] [depraved indifference murder]) and manslaughter in the first degree (§ 125.20 [4]), defendant contends that he was denied effective assistance of counsel during jury selection. We reject that contention. “The alleged error[ ] in defense counsel’s representation [during jury selection is a] mere disagreement! ] with defense counsel’s . . . tactics, and defendant has failed to establish ‘the absence of strategic or other legitimate explanations’ for defense counsel’s…