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PEOPLE v. JONES

287 A.D.2d 344 (2001)

731 N.Y.S.2d 176

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KHJAY JONES, Also Known as KAHJAY JONES, Appellant.

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

Decided October 18, 2001.

Defendant's ineffective assistance of counsel claim involves matters of strategy and thus should have been raised by way of a CPL 440.10 motion. On the existing record, defendant received meaningful representation (see, People v Benevento, 91 N.Y.2d 708, 713-714). Defense counsel pursued a vigorous misidentification defense, including an attack on the reliability of the showup identification and impeachment of the victim with her...

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