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PEOPLE v. RICKERSON

2775/09, 16696, 16695

135 A.D.3d 571 (2016)

22 N.Y.S.3d 855

2016 NY Slip Op 00301

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITHER RICKERSON, Appellant.

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

Decided January 19, 2016.

The court properly denied defendant's CPL 440.10 motion, based on his claim that his counsel rendered ineffective assistance by failing to request submission of the lesser included offense of second-degree manslaughter. Even assuming that trial counsel's failure to request the submission was inadvertent, defendant has not shown that such failure was objectively unreasonable, that he was entitled to such submission, or that there...

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