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PEOPLE v. SMITH

237 A.D.2d 388 (1997)

655 N.Y.S.2d 416

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

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

March 10, 1997

Ordered that the order is affirmed.

The evidence adduced at the CPL 440.10 hearing overwhelmingly demonstrated the defense counsel's lack of preparation and his failure to understand the applicable law, communicate with the defendant, investigate the facts of the case, and prepare the defendant to testify, all of which resulted in the defendant being denied the effective assistance of counsel (see, People v Baldi...

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