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PEOPLE v. SANTOS

249 A.D.2d 8 (1998)

670 N.Y.S.2d 845

The People of the State of New York, Respondent, v. Jesus Santos, Appellant

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

April 2, 1998

At trial, defendant conceded the sexual encounters, but, testifying in his own behalf, argued that they had been consensual. The evidence in this case was legally sufficient. However, reversal is required by a procedural impropriety that compels our conclusion that he was denied the effective assistance of counsel for a period of time during trial. On two occasions, the court instructed defendant that he was prohibited from discussing...

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