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PEOPLE v. KIRBY

133 A.D.2d 652 (1987)

The People of the State of New York, Respondent, v. Frederick Wade Kirby, Also Known as Wade Frederick Kirby, Also Known as Sundance, Appellant

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

October 5, 1987

Ordered that the judgment is affirmed.

Upon the exercise of our factual review power, we are satisfied that the evidence adduced at trial established the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15 [5]).

We reject the defendant's contention that he was denied the effective assistance of trial counsel because his attorney failed to call the...

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