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PEOPLE v. MONTALVO

258 A.D.2d 353 (1999)

685 N.Y.S.2d 664

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ORLANDO MONTALVO, Appellant.

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

Decided February 18, 1999.

Upon our review of the record, we conclude that defendant received meaningful representation throughout the proceedings (see, People v Benevento, 91 N.Y.2d 708). Counsel presented the only viable defense in light of the overwhelming evidence of guilt. All of counsel's alleged failings with regard to presentation of proof have plausible strategic explanations. The court's summary denials of defendant's CPL 440.10 motions were appropriate...

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