People v. Gucla
794 N.Y.S.2d 126
N.Y. App. Div.
2005
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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JUAN CARLOS GOMEZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department

793 NYS2d 771

Westchester County, West, J. (trial court)

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (West, J.), rendered January 10, 2001, convicting him of sodomy in the first degree (four counts), sexual abuse in the first degree (two counts), course of sexual conduct against a child in the first degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant‘s contention, he was not denied the effective assistance of counsel. Viewing the totality of the evidence, the law, and circumstances of the case, we conclude that the defendant received meaningful representation (see

). Unsuccessful trial strategies and mere losing tactics do not constitute ineffective assistance of counsel (see
;
). The defense counsel presented a vigorous defense and effectively cross-examined witnesses (see
).

The defendant‘s remaining contentions either are unpreserved for appellate review or without merit. Cozier, J.P., Ritter, Spolzino and Lifson, JJ., concur.