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PEOPLE v. GREEN

37 A.D.3d 615 (2007)

828 N.Y.S.2d 816

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CY GREEN, Appellant.

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

Decided February 13, 2007.

Ordered that the order is affirmed.

The defendant established at the hearing on his motion that his trial counsel, without a reasonable strategic reason, failed to interview or even contact potential witnesses known to counsel prior to trial, including an eyewitness to the crime, who could have offered exculpatory testimony substantiating the defense of misidentification (see People v Fogle, 10 A.D.3d 618, 619 [2004];

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