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PEOPLE v. MAISONETTE

234 A.D.2d 27 (1996)

651 N.Y.S.2d 417

The People of the State of New York, Respondent, v. Johnny Maisonette, Appellant

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

December 3, 1996

By failing to seek relief pursuant to CPL 440.10, defendant has failed to present an adequate record for review of his claim that counsel's conduct with respect to his absence from trial rendered his representation ineffective, which on the present state of the record, we reject (People v Love, 57 N.Y.2d 998, 1000). Defendant was both tried and sentenced in absentia, and on each occasion, counsel responded with candor to the...

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