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PEOPLE v. HENRY

95 N.Y.2d 563 (2000)

744 N.E.2d 112

721 N.Y.S.2d 577

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DWAYNE HENRY, Respondent.

Court of Appeals of the State of New York.

Decided December 21, 2000.

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Donna Aldea and John M. Castellano of counsel), for appellant.

Todd A. Landau, New York City, and M. Sue Wycoff for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

CIPARICK, J.

At issue on this appeal is whether defendant was denied meaningful representation when his attorney called an alibi witness who failed to account for defendant's whereabouts on the night of the crime. We conclude that, on this record, he was not.

Evidence was adduced at trial that shortly after midnight on August 10, 1995, a livery cab driver pulled in front of a car service stand to pick up a fare. Defendant entered...

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