PEOPLE v. PACHECO


50 A.D.3d 1063 (2008)

855 N.Y.S.2d 676

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAVIER PACHECO, Appellant.

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

Decided April 22, 2008.


Ordered that the order is affirmed.

The defendant's claim regarding ineffective assistance of trial counsel could have been raised on direct appeal from the judgment of conviction (see CPL 440.10 [2] [a], [c]). In any event, the claim is without merit because the defendant did not establish that counsel's representation was deficient (see People v Baldi, 54 N.Y.2d 137 [1981]). Specifically, the defendant did not establish...

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