People v. Ford

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

After careful review of the record before us, we conclude that appellant has not established that he was denied his right to effective assistance of counsel. Only recently, this court has noted that defense "[cjounsel may be reasonably expected to call upon witnesses to testify on behalf of a defendant only when such witnesses exist.” (People v Aiken, 45 NY2d 394, 400.) Appellant has failed to demonstrate that the alleged alibi witnesses would testify at trial that appellant was not in the vicinity of the…