People v. Babb

The defendant contends that she was deprived of the effective assistance of counsel because her attorney failed to object to the court’s “flight” charge, failed to request a “justification” charge, and failed to object to expert testimony that certain of the victim’s wounds were “defensive.” We disagree.

It is not error for defense counsel to fail to make futile motions or objections (see People v Caban, 5 NY3d 143, 152 [2005]; People v Stultz, 2 NY3d 277, 287 [2004]). Here, the court’s instructions to the jury regarding flight as evidence of consciousness of guilt were appropriate, as the…