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PEOPLE v. OLIVERAS

No. 105.

21 N.Y.3d 339 (2013)

993 N.E.2d 1241

971 N.Y.S.2d 221

2013 NY Slip Op 4040

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GEORGE OLIVERAS, Respondent.

Court of Appeals of New York.

Decided June 6, 2013.

Attorney(s) appearing for the Case

Robert T. Johnson , District Attorney, Bronx ( Mary Jo L. Blanchard , and Joseph N. Ferdenzi of counsel), for appellant.

Office of the Appellate Defender, New York City ( Richard M. Greenberg and Risa Gerson of counsel), for respondent.

Milbank, Tweed, Hadley & McCloy LLP, New York City ( Dorothy Heyl of counsel), for The Innocence Network, amicus curiae.

Chief Judge LiPPMAN and Judges GRAFFEO, READ and PIGOTT concur with Judge RIVERA; Judge SMITH dissents in an opinion; Judge ABDUS-SALAAM taking no part.

OPINION OF THE COURT

RIVERA, J.

The People appeal an order of the Appellate Division granting defendant George Oliveras' motion to vacate his conviction, and remanding for a new trial on the ground that defendant was deprived adequate assistance of counsel (90 A.D.3d 563 [1st Dept 2011]). We affirm and reject the People's argument that defendant received adequate assistance...

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