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PEOPLE v. HOWARD

Nos. 189, 190

22 N.Y.3d 388 (2013)

4 N.E.3d 320

981 N.Y.S.2d 310

2013 NY Slip Op 7824

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MALIK HOWARD, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HILBERT STANLEY, Appellant.

Court of Appeals of New York.

Decided November 26, 2013.

Attorney(s) appearing for the Case

Richard M. Greenberg , Office of the Appellate Defender, New York City ( Rebekah J. Pazmiñ and Eunice C. Lee of counsel), for appellant in the first above-entitled action.

Steven Banks , The Legal Aid Society, New York City ( Alan S. Axelrod of counsel), for appellant in the second above-entitled

Robert T. Johnson , District Attorney, Bronx ( Lindsey J. Ramistella , Joseph N. Ferdenzi and Peter D. Coddington of counsel), for respondent in the first and second above-entitled actions.

OPINION OF THE COURT

READ, J.

This appeal calls upon us to apply settled law to the unique facts of a gunpoint robbery. We conclude that defendants Malik Howard (Howard) and Hilbert Stanley (Stanley) (collectively, defendants) were not deprived of effective representation at trial by, among other alleged omissions, counsel's failure to assert as an affirmative defense that one of two weapons allegedly displayed...

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