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PEOPLE v. BAUGH

2009-02052

91 A.D.3d 965 (2012)

937 N.Y.S.2d 599

2012 NY Slip Op 800

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK BAUGH, Appellant.

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

Decided January 31, 2012.

Ordered that the judgment is affirmed.

The defendant was not deprived of his right to the effective assistance of counsel. Where, as here, an ineffective assistance claim is based upon a particular error in counsel's performance, the defendant must demonstrate "the absence of strategic or other legitimate explanations" for counsel's allegedly deficient conduct (People v Rivera, 71 N.Y.2d 705

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