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PEOPLE v. DIGGINS

No. 96.

21 N.Y.3d 935 (2013)

990 N.E.2d 129

967 N.Y.S.2d 891

2013 NY Slip Op 3872

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISAAC DIGGINS, Appellant.

Court of Appeals of New York.

Decided May 30, 2013.

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York City ( Roy L. Reardon of counsel), and Richard M. Greenberg , Office of the Appellate Defender ( Rosemary Herbert of counsel) for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Sheryl Feldman and Alan Gadlin of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's motion pursuant to CPL 440.10 to vacate the judgment of conviction and sentence granted and the case remitted to Supreme Court for further proceedings on the indictment.

It is well established that a defendant may not, by his absence alone, "waive his right to effective assistance of counsel" (People v Aiken, 45 N.Y.2d 394...

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