Appeal from a judgment of the Monroe County Court (Elma A. Bellini, J.), rendered February 4, 2002. The judgment convicted defendant, upon a jury verdict, of rape in the first degree, rape in the second degree, incest, sexual abuse in the second degree (two counts) and endangering the welfare of a child.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of one count each of rape in the first degree (Penal Law § 130.35 [1]), rape in the second degree (§ 130.30 [1]), incest (former § 255.25) and endangering the welfare of a child (§ 260.10 [1]), and two counts of sexual abuse in the second degree (§ 130.60 [2]). We reject the contention of defendant that he was denied effective assistance of counsel based on defense counsel’s failure to retain an expert witness to counter the testimony of the People’s expert (see People v Prince, 5 AD3d 1098, 1098 [2004], lv denied 2 NY3d 804 [2004]), and defendant failed “ ‘to demonstrate the absence of strategic or other legitimate explanations for’ ” the remaining instances of alleged ineffectiveness (People v Benevento, 91 NY2d 708, 712 [1998]). Viewing the evidence in light of the elements of the