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PEOPLE v. SMITH

169 Misc.2d 581 (1996)

643 N.Y.S.2d 315

The People of the State of New York, Plaintiff, v. Barry Smith, Defendant.

Supreme Court, Kings County.

April 22, 1996

Attorney(s) appearing for the Case

Martin Marshak, Brooklyn, for defendant. Charles J. Hynes, District Attorney of Kings County (Thomas Burka and Stephen Kong of counsel), for plaintiff.

JOSEPH KEVIN McKAY, J.

Defendant has moved pursuant to CPL 440.10 (1) (h)1 to vacate the judgment of conviction against him for murder in the second degree and criminal possession of a weapon in the second degree rendered December 23, 1993, and for a new trial on the grounds that he was deprived of his constitutional right to a fair trial by virtue of ineffective assistance of trial...

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