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PEOPLE v. CUMMINGS

No. 25.

16 N.Y.3d 784 (2011)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIJAH CUMMINGS, Appellant.

Court of Appeals of New York.

Decided February 24, 2011.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City ( Eunice C. Lee and Richard M. Greenberg of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Lindsey M. Kneipper and Dana Poole of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The Appellate Division order should be affirmed.

After a trial by jury, defendant was convicted of one count of burglary in the second degree and two counts of criminal possession of a weapon in the third degree in connection with his theft of two loaded pistols from a Manhattan police precinct. Defendant argues on appeal that his trial counsel was ineffective for failing...

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