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PEOPLE v. FELTON

239 A.D.2d 120 (1997)

657 N.Y.S.2d 34

The People of the State of New York, Respondent, v. Jose Felton, Appellant

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

May 1, 1997

The motion court was procedurally barred from considering the merits of defendant's CPL 440.10 motion. Sufficient facts appeared on the record to have permitted appellate counsel to raise the issue of written jury instructions on defendant's 1984 direct appeal (see, CPL 440.10 [2] [c]). Since appellate counsel made a tactical decision not to raise this contention and to focus on several other significant arguments, defendant...

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