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PEOPLE v. HOLMAN

14 A.D.3d 443 (2005)

788 N.Y.S.2d 363

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR HOLMAN, Appellant.

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

January 27, 2005.

On the existing record, defendant, who has not brought a motion pursuant to CPL 440.10 to expand the record to permit trial counsel to explain his tactics, has failed to show "the absence of strategic or other legitimate explanations" for the various aspects of counsel's conduct challenged on appeal (People v Rivera, 71 N.Y.2d 705, 709 [1988]), and therefore we find that defendant received effective assistance (see People v Benevento...

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