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PEOPLE v. SMITH

16 A.D.3d 1081 (2005)

791 N.Y.S.2d 258

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALONZO SMITH, Appellant. (Appeal No. 2.)

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

March 18, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant appeals from an order denying his motion pursuant to CPL 440.10 (1) (h) seeking to vacate the underlying judgment of conviction based upon the alleged violation of his constitutional right to effective assistance of counsel. We affirm. As County Court properly determined, defendant failed to...

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