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PEOPLE v. RAMOS

292 A.D.2d 265 (2002)

738 N.Y.S.2d 847

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL RAMOS, Appellant.

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

Decided March 21, 2002.

Defendant's ineffective assistance claim involves matters of strategy; thus, a CPL article 440 motion in order to expand the record would have been appropriate (see, People v Love, 57 N.Y.2d 998). When the trial was commenced, all parties assumed that the victim would not be available to testify, and that the People's case would be entirely circumstantial. However, the victim became available in the midst of trial. Defendant's principal...

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