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PEOPLE v. DAY

51 A.D.3d 584 (2008)

860 N.Y.S.2d 501

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHENROY DAY, JR., Appellant.

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

Decided May 29, 2008.

Defendant received effective assistance of counsel 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]). "Counsel may not be expected to create a defense when it does not exist" (People v DeFreitas, 213 A.D.2d 96, 101 [1995], lv denied 86 N.Y.2d 872...

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