PEOPLE v. BRITO


304 A.D.2d 320 (2003)

758 N.Y.S.2d 23

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WENDY BRITO, Appellant.

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

Decided April 1, 2003.


The decision of defendant's trial counsel, after having defended defendant during the trial on a theory of misidentification, to request a justification charge and to argue in summation that defendant had been misidentified but that "whoever * * * stabbed [the victim] was justified," did not constitute ineffective assistance of counsel. While the defenses may have been inconsistent, the submission of inconsistent defenses to the...

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