PEOPLE v. SMITH

747 KA 10-01486.

118 A.D.3d 1492 (2014)

988 N.Y.S.2d 819

2014 NY Slip Op 4666

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LABRADFORD SMITH, Appellant.

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

Decided June 20, 2014.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). We reject defendant's contention that he received ineffective assistance of counsel. Defense counsel's failure to request a Wade hearing did not constitute ineffective assistance inasmuch as "[t]here can be no denial...

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