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PEOPLE v. RUTTER

202 A.D.2d 123 (1994)

The People of the State of New York, Respondent, v. Timothy Rutter, Appellant

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

September 22, 1994

Attorney(s) appearing for the Case

Matthew J. Smith and Jeffrey A. Hoerter of counsel (Robert T. Johnson, District Attorney of Bronx County, attorney), for respondent.

Robert L. Adams of counsel (Hiscock & Barclay, attorneys), for appellant.

SULLIVAN, CARRO and ROSS, JJ., concur.

MURPHY, P. J.

The within application for a writ of error coram nobis presents a claim of ineffective assistance of appellate counsel (see, People v Bachert, 69 N.Y.2d 593).

Following a jury trial in Bronx County, petitioner, Timothy Rutter, was convicted by judgment rendered March 26, 1982, of murder in the second degree and sentenced to a prison term...

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