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PEOPLE v. BENEVENTO

91 N.Y.2d 708 (1998)

697 N.E.2d 584

674 N.Y.S.2d 629

The People of the State of New York, Appellant, v. Nicholas Benevento, Respondent.

Court of Appeals of the State of New York.

Decided June 11, 1998.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Michael S. Morgan and Norman Barclay of counsel), for appellant.

Edlyn L. Willer, New York City, and Daniel L. Greenberg for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, LEVINE, CIPARICK and WESLEY concur.

SMITH, J.

Defendant successfully claimed at the Appellate Division that he was deprived of his constitutional right to the effective assistance of counsel. We conclude that, upon this record, defendant received meaningful representation. Accordingly, the order of the Appellate Division should be reversed.

Shortly after 2:00 A.M. on June 17, 1993, the complainant...

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