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PEOPLE v. MORA

290 A.D.2d 373 (2002)

737 N.Y.S.2d 71

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERALDO MORA, Appellant.

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

Decided January 29, 2002.

Defendant's claim that he was denied the effective assistance of counsel due to a purported conflict of interest is based on factual allegations dehors the record that would require a CPL 440.10 motion (People v Frias, 250 A.D.2d 495, lv denied 92 N.Y.2d 982). The existing record does not establish any conflict of interest.

The court properly exercised its discretion in...

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