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PEOPLE v. ZWAAN

233 A.D.2d 244 (1996)

650 N.Y.S.2d 530

The People of the State of New York, Respondent, v. Rijkent Zwaan, Appellant

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

November 21, 1996

Inasmuch as defendant must demonstrate "the absence of strategic or other legitimate reasons for trial counsel's failure" to make a particular pretrial motion (People v Mitchell, 204 A.D.2d 120), and inasmuch as "[m]any reasons can account for a lawyer's failure to so move" (People v Rivera, 71 N.Y.2d 705, 709), we cannot conclude upon the present record, "without the benefit of knowing...

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