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PEOPLE v. BARSHAI

100 A.D.2d 253 (1984)

The People of the State of New York, Respondent, v. Allah Barshai, Also Known as Barshai Allah, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 29, 1984

Attorney(s) appearing for the Case

Henry Winestine of counsel (William E. Hellerstein, attorney), for appellant.

Bruce Allen of counsel (Norman Barclay with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

SULLIVAN and ASCH, JJ., concur with SANDLER, J.; MURPHY, P. J., and CARRO, J., concur in an opinion by MURPHY, P. J.

SANDLER, J.

This is an appeal from an order of the Supreme Court, New York County (ROTHWAX, J.), entered on April 11, 1983, denying defendant's motion pursuant to CPL 440.10 to vacate an affirmed judgment of conviction of the defendant on the essential ground that the failure of his trial counsel to move to suppress certain evidence critical to his conviction violated his constitutional right to effective assistance...

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