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PEOPLE v. HARRISON

304 A.D.2d 376 (2003)

758 N.Y.S.2d 300

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAMEEK HARRISON, Appellant.

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

Decided April 10, 2003.

Defendant claims that he received ineffective assistance of counsel because his former attorney failed to submit a timely motion to dismiss the indictment on the ground of an alleged violation of his right to testify before the grand jury (CPL 190.50 [5] [c]). However, under the circumstances presented, this claim would require a CPL 440.10 motion to expand the record, since it is not at all clear whether any such motion would...

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