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PEOPLE v. SMITH

227 A.D.2d 987 (1996)

643 N.Y.S.2d 290

The People of the State of New York, Respondent, v. Ricky Smith, Appellant

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

May 31, 1996

Judgment unanimously affirmed.

Memorandum:

We reject the contention that defendant was denied effective assistance of counsel because his attorney was compelled to take a position adverse to him (cf., People v Welsh, 207 A.D.2d 1025, 1026). Defense counsel made no comment adverse to defendant during the Outley hearing (see, People v Outley, 80 N.Y.2d 702

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