PEOPLE v. CLARKE


55 A.D.3d 370 (2008)

865 N.Y.S.2d 211

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OWEN CLARKE, Appellant.

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

October 16, 2008.


Defendant raises an ineffective assistance of counsel claim based upon the failure of defense counsel to seek submission of second-degree manslaughter to the jury as a lesser included offense of second-degree murder. On the existing record, we find that defendant has failed to demonstrate "the absence of strategic or other legitimate explanations" (People v Rivera, 71 N.Y.2d 705, 709 [1988]) for counsel's actions, and that defendant...

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