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PEOPLE v. CIPOLLA

171 A.D.2d 557 (1991)

The People of the State of New York, Respondent, v. Carmen Cipolla, Appellant

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

March 21, 1991

Defendant did not meet her burden of establishing that assigned counsel failed to inform her of her right to testify before the grand jury. In support of her motion pursuant to CPL 190.50, defendant submitted the affirmations of two attorneys whom she subsequently retained. Neither had personal knowledge as to whether assigned counsel properly advised defendant. In particular, while one of these attorneys stated that former assigned...

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