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PEOPLE v. BERROA

99 N.Y.2d 134 (2002)

782 N.E.2d 1148

753 N.Y.S.2d 12

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARIO BERROA, Appellant.

Court of Appeals of the State of New York.

Decided November 21, 2002.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Catharine F. Easterly, Richard M. Greenberg and Daniel A. Warshawsky of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Peter D. Coddington of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

WESLEY, J.

This case calls upon us to examine whether a defendant's right to effective assistance of counsel is compromised when defense counsel stipulates to facts directly contradicting defense witnesses' statements.

Defendant was indicted for murder in the second degree and related offenses stemming from a killing in Bronx County during the afternoon of June 22, 1994. At trial, two eyewitnesses testified to having observed...

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