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PEOPLE v. GRUTTADAURIA

46 A.D.3d 837 (2007)

848 N.Y.S.2d 280

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK GRUTTADAURIA, Appellant.

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

Decided December 18, 2007.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the County Court was not required to conduct a hearing with respect to his motion to set aside the verdict pursuant to CPL 330.30 (see People v Coleman, 305 A.D.2d 1031, 1032 [2003]). With respect to his claim of ineffective assistance of counsel, the defendant was required to show that his trial counsel's performance constituted a "ground appearing...

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