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PEOPLE v. SMITH

2002-10246

2008 NY Slip Op 07271

THE PEOPLE, ETC., respondent, v. PATRICE SMITH, appellant.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Patrice Smith, Malone, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel), for respondent.

Lynn W. L. Fahey, New York, N.Y. (Alexis A. Ascher of counsel), former appellate counsel.

Before: A. Gail Prudenti, P.J., Peter B. Skelos, David S. Ritter, Howard Miller, JJ.

DECISION & ORDER

ORDERED that the application is denied.

The appellant has failed to establish that she was denied the effective assistance of appellate counsel (see Jones v Barnes, 463 U.S. 745; People v Stultz, 2 N.Y.3d 277).

PRUDENTI, P.J., SKELOS, RITTER and MILLER...

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