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PEOPLE v. KENNEDY

7 A.D.3d 272 (2004)

776 N.Y.S.2d 790

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LADALE KENNEDY, Defendant-Appellant.

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

May 6, 2004.

The court properly denied defendant's motion to vacate the judgment pursuant to CPL 440.10 on the ground of ineffective assistance of counsel (see People v Satterfield, 66 N.Y.2d 796, 799-800 [1985]). Even assuming that trial counsel's failure to request submission of manslaughter in the second degree or criminally negligent homicide as lesser included offenses was not a strategic choice, we find that counsel's omission did not deprive...

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