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PEOPLE v. GONZALEZ

25 A.D.3d 357 (2006)

808 N.Y.S.2d 643

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN GONZALEZ, Appellant.

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

January 5, 2006.

After a thorough evidentiary hearing, the court properly denied defendant's motion to vacate the judgment, made on the ground that counsel was allegedly ineffective in his efforts to locate defendant's proposed alibi witness. There is no basis for disturbing the court's credibility determinations (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]), including its implicit finding that defendant never mentioned the prospective alibi...

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