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PEOPLE v. FOURNIER

254 A.D.2d 117 (1998)

678 N.Y.S.2d 264

The People of the State of New York, Respondent, v. Elvin Fournier, Also Known as Elvin Fouriner, Appellant

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

October 15, 1998

Defendant's claims of ineffective assistance of counsel would require a CPL 440.10 motion in order to further develop the record (see, People v Love, 57 N.Y.2d 998). We find that the existing record fails to support defendant's claim that his trial counsel proceeded under a misconception of the elements of the agency defense, and that such record, viewed as a whole, establishes that defendant received meaningful representation...

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