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PEOPLE v. MEDINA

44 N.Y.2d 199 (1978)

The People of the State of New York, Respondent, v. Jose Medina, Appellant.

Court of Appeals of the State of New York.

Decided April 6, 1978.

Attorney(s) appearing for the Case

Roger Bennet Adler for appellant.

Robert M. Morgenthau, District Attorney (Norman Barclay, Peter L. Zimroth and Robert M. Pitler of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE.

FUCHSBERG, J.

After a trial by jury, Jose Medina was convicted of rape in the first degree (Penal Law, § 130.35) and burglary in the first degree (Penal Law, § 140.30). Dismissing a lesser included count, the Appellate Division affirmed. On this appeal to us, the appellant now asserts that (1) he was denied effective assistance of counsel because the Trial Judge refused to replace his court-appointed...

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