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PEOPLE v. SMITH

11 A.D.3d 202 (2004)

783 N.Y.S.2d 2

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL SMITH, Appellant.

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

October 5, 2004.

The court properly rejected defendant's attempt to make a belated peremptory challenge to a juror (see People v Smith, 278 A.D.2d 75 [2000], lv denied 96 N.Y.2d 763 [2001]). To the extent that defendant is claiming that his attorney rendered ineffective assistance by initially disregarding defendant's request that she challenge the juror in question, that claim is both factually unreviewable on the present record (People...

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