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PEOPLE v. OTERO LUNA

44 A.D.3d 341 (2007)

841 N.Y.S.2d 875

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE OTERO LUNA, Appellant.

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

Decided October 4, 2007.

Defendant did not preserve his Confrontation Clause claim and we decline to review it in the interest of justice. In any event, we find any error to be harmless beyond a reasonable doubt (see People v Hamlin, 71 N.Y.2d 750, 758 [1988]) in view of the overwhelming evidence of defendant's guilt, including his confession.

Defendant received effective assistance under the state and federal standards (see People v Benevento...

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