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PEOPLE v. CUMBERBATCH

200 A.D.2d 376 (1994)

606 N.Y.S.2d 195

The People of the State of New York, Respondent, v. Alvin Cumberbatch, Appellant

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

January 6, 1994

Ineffective assistance of counsel is not established because an attorney, following his client's instructions, failed to exercise any peremptory challenges. Since a defendant is entitled to participate in his own defense (see, People v Cabassa, 79 N.Y.2d 722, cert denied sub nom. Lind v New York, ___ US ___, 113 S.Ct. 633), and even direct his attorney not to take any action whatever with regard to the defense...

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