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PEOPLE v. SMITH

21 A.D.3d 599 (2005)

798 N.Y.S.2d 924

THE PEOPLE OF THE STATE OF NEW YORK, v. DONALD F. SMITH, Defendant.

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

August 4, 2005.

Per Curiam

Defendant contends on this motion that he was denied the effective assistance of appellate counsel upon the appeal from his judgment of conviction (288 A.D.2d 629 [2001], lv denied 97 N.Y.2d 733 [2002]; see People v. Bachert, 69 N.Y.2d 593 [1987]). More specifically, defendant asserts that County Court failed to submit the charges of manslaughter in the second degree and...

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