Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered August 30, 2005, upon a verdict convicting defendant of the crimes of criminal contempt in the first degree and criminal contempt in the second degree.
Following defendant’s conviction of criminal contempt in the first degree and criminal contempt in the second degree, his pro se motion pursuant to CPL 440.10 (1) (f) was converted by County Court to a CPL 330.40 motion. Defendant sought to set aside the verdict based on trial counsel’s alleged conflict of interest and ineffective assistance. County Court denied the motion and defendant was sentenced to concurrent prison terms of lVs to 4 years for first degree criminal contempt and one year for second degree criminal contempt, and he now appeals.
We affirm. First, we find no merit to defendant’s contention
Likewise, we reject defendant’s claim that the verdict is against the weight of the evidence. Viewing the evidence in a neutral light and giving due deference to the jury’s credibility determinations (see People v Durant, 6 AD3d 938, 941 [2004], lv denied 3 NY3d 639 [2004]), we conclude that the jury accorded the appropriate weight to the evidence in reaching its verdict (see People v Bleakley, supra at 495). Clearly, the jury rejected defendant’s uncorroborated testimony attempting to establish that his phone calls were made for legitimate purposes without any criminal intent.
Next, we have carefully examined, individually and cumulatively, defendant’s contentions that his trial counsel was ineffective. These contentions include an alleged conflict of interest because his trial counsel’s firm represented the victim in a prior divorce action, counsel’s failure to properly object to prosecution evidence, his failure to properly prepare for trial by refusing to locate defense witnesses and obtain evidence, his failure to object to prosecutorial misconduct and his failure to request appropriate and timely instructions with respect to juror note taking. Our review of the record, in accordance with the principles enunciated in People v Baldi (54 NY2d 137, 146-147 [1981]), leaves us unpersuaded. As some of defendant’s claims find no record support or are belied by the record, we address
As a final matter, defendant has demonstrated no prejudice flowing from alleged prosecutorial misconduct or County Court’s alleged failure to give cautionary instructions to the jury with regard to note taking (see People v McCombs, 18 AD3d 888, 890 [2005]; People v Robinson, 16 AD3d 768, 770 [2005], lv denied 4 NY3d 856 [2005]; People v Dexheimer, 214 AD2d 898, 902 [1995], lv denied 86 NY2d 872 [1995]). In sum, as defendant admitted making the calls, his trial counsel reasonably adopted a legitimate trial strategy of disputing only the intent and purpose elements of the charged crimes. Although this strategy proved unsuccessful, a losing strategy is not sufficient to establish the lack of meaningful representation (see People v Jackson, 25 AD3d 1012, 1015 [2006], lv denied 6 NY3d 849 [2006]).
Cardona, P.J., Mercure, Spain and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.