People v. Streeter

—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of robbery in the first degree and burglary in the first degree, defendant contends that he was deprived of his right to effective assistance of counsel based on counsel’s failure to call two purported alibi witnesses subpoenaed by defendant to testify at trial. Because the record does not disclose the reason the witnesses were not called, "we presume it was based upon sound trial strategy and did not deprive defendant of a fair trial” (People v Smith, 115 AD2d 304; see, People v *858Baldi, 54 NY2d 137, 147;…