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PEOPLE v. ROJAS

213 A.D.2d 56 (1995)

630 N.Y.S.2d 28

The People of the State of New York, Respondent, v. Luis Kevin Rojas, Appellant

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

July 20, 1995

Attorney(s) appearing for the Case

Gina M. Mignola of counsel (Mark Dwyer and Deborah L. Morse on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

Tina L. Mazza of counsel, Tarrytown (Ralls & Mazza, attorneys), for appellant.

Harold R. Tyler of counsel (Joel A. Kirsch on the brief), Patterson, Belknap, Webb & Tyler, L. L. P., amicus curiae.

ELLERIN, J. P., KUPFERMAN, ASCH and WILLIAMS, JJ., concur.

TOM, J.

Defendant appeals from a conviction of murder and related charges arising out of a shooting in the Greenwich Village area in lower Manhattan on the grounds of ineffective assistance of counsel and improper police-arranged identification procedures. This appeal focuses on, inter alia, certain exculpatory evidence, overlooked by counsel, which, had it been investigated and provided to the jury, may...

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