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PEOPLE v. FRATTA

83 N.Y.2d 771 (1994)

632 N.E.2d 1270

610 N.Y.S.2d 947

The People of the State of New York, Respondent, v. Anthony Fratta, Appellant.

Court of Appeals of the State of New York.

Decided February 10, 1994.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Monroe County, Rochester (Janet C. Somes of counsel), for appellant.

Howard R. Relin, District Attorney of Monroe County, Rochester (Mark W. Pedersen of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant alleges that, relying on the court reporter's certification that the transcript of each day's proceedings was a complete record of the machine shorthand notes, appellate counsel neglected to include in the filed brief a Batson issue that had been preserved in the voir dire minutes (see, Batson v Kentucky,

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