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PEOPLE v. BENS

61 A.D.3d 694 (2009)

875 N.Y.S.2d 903

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BENS, Appellant.

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

Decided April 7, 2009.

Ordered that the resentence is affirmed.

In connection with his application to be resentenced under the Drug Law Reform Act of 2004 (L 2004, ch 738, § 23), the defendant received the effective assistance of counsel, under both state and federal constitutional standards (see People v Vaughan, ___ AD3d ___, 2009 NY Slip Op 02394 [2d Dept 2009]; People v Arevalo, 54 A.D.3d 380 [2008]; see also Strickland v Washington...

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