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PEOPLE v. ROJAS

29 A.D.3d 405 (2006)

814 N.Y.S.2d 624

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN ROJAS, Appellant.

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

May 18, 2006.

Although counsel's CPL 190.50 (5) motion to dismiss the indictment for an alleged violation of defendant's right to testify before the grand jury was untimely, this did not deprive defendant of effective assistance under the state and federal standards (see People v Benevento, 91 N.Y.2d 708, 713-714 [1998]; see also Strickland v Washington, 466 U.S. 668 [1984]). In the first place, an attorney...

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