In People v. Frascone, 271 AD2d 333, 707 N.Y.S.2d 155 (1st Dept. 2000), in the face of overwhelming evidence of guilt, trial counsel suggested to the jury that the defendant, who was charged with Robbery in the Second Degree, should be convicted instead of the lesser included offense of Robbery in the Third Degree. The First Department held that this suggestion also did not constitute ineffective assistance of counsel, since, "had this strategy been successful, defendant would have been eligible for a considerably lower sentence." See also People v. Barnes, 249 AD2d 227, 228, 673 N.Y.S.2d 366 (1st Dept. 1998) (rejecting ineffective assistance of counsel claim where trial counsel employed successful strategy of conceding defendant possessed drugs for personal use in order to defeat more serious charge of possession with intent to sell).