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PEOPLE v. DEPALLO

275 A.D.2d 60 (2000)

714 N.Y.S.2d 755

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL DEPALLO, Appellant.

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

October 23, 2000.

Attorney(s) appearing for the Case

Sally Wasserman, New York City, for appellant.

William L. Murphy, District Attorney of Richmond County, Staten Island (Karen F. McGee and Jonathan J. Silbermann of counsel), for respondent.

S. MILLER, FRIEDMANN and FEUERSTEIN, JJ., concur.

OPINION OF THE COURT

MANGANO, P. J.

On this appeal, we are asked to determine, inter alia, whether the defendant: (1) was deprived of the effective assistance of counsel when his attorney informed the court that the defendant intended to perjure himself on the stand and (2) was deprived of his right to be present at material stages of trial when his attorney conveyed this information during court conferences at which the defendant was not present...

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