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PEOPLE v. ESTRADA

192 A.D.2d 495 (1993)

597 N.Y.S.2d 668

The People of the State of New York, Respondent, v. Antonio Estrada, Appellant

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

April 29, 1993

In the absence of additional facts that might have been developed had a motion been made pursuant to CPL 440.10, we cannot conclude that defendant's counsel was ineffective on this record, merely because counsel, faced with overwhelming evidence of guilt, presented a risky defense (People v Love, 57 N.Y.2d 998). Accordingly, defendant has failed to show that any possible improper actions...

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