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PEOPLE v. BENJAMIN

151 A.D.2d 685 (1989)

The People of the State of New York, Respondent, v. Alan M. Benjamin, Appellant

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

June 19, 1989

Ordered that the judgments are affirmed.

The trial court did not improvidently exercise its discretion in denying the defendant's motion to set aside the jury verdict with respect to indictment No. 84-01044-01 on the ground of ineffective assistance of counsel (see, CPL 330.30 [1]). The hearing record indicates that counsel's decision not to call the defendant's best friend, wife and other family members as alibi...

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