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PEOPLE v. BABB

2006-08010

68 A.D.3d 887 (2009)

2009 NY Slip Op 9241

890 N.Y.S.2d 610

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARISSA BABB, Appellant.

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

Decided December 8, 2009.

Ordered that the judgment is affirmed.

The defendant contends that she was deprived of the effective assistance of counsel because her attorney failed to object to the court's "flight" charge, failed to request a "justification" charge, and failed to object to expert testimony that certain of the victim's wounds were "defensive." We disagree.

It is not error for defense counsel to fail to make futile motions or objections (see People v Caban,

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