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PEOPLE v. RUTLEDGE

279 A.D.2d 420 (2001)

719 N.Y.S.2d 573

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS RUTLEDGE, Appellant.

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

Decided January 30, 2001.

Under the circumstances of this case, defendant's ineffective assistance of counsel claim would require a motion pursuant to CPL 440.10 for the purpose of determining whether the alleged error was part of a deliberate strategy (see, People v Rivera, 71 N.Y.2d 705, 708). Were we to review this claim on the present record, we would find that defendant received meaningful representation (see, People v Benevento,

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