PEOPLE v. CARDENAS


4 A.D.3d 480 (2004)

771 N.Y.S.2d 684

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NAPOLEON CARDENAS, Appellant.

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

February 17, 2004.


Ordered that the order is affirmed.

After sentencing, the defendant moved pursuant to CPL 440.10 to vacate his judgment of conviction on the ground of ineffective assistance of trial counsel. The motion was based, inter alia, on the defense counsel's failure to pursue an alibi defense and to investigate an informant. The Supreme Court denied the motion, concluding that sufficient facts appeared on the record to permit adequate review on direct appeal (see CPL...

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