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PEOPLE v. CHELLEY

242 KA 14-00078.

137 A.D.3d 1720 (2016)

28 N.Y.S.3d 215

2016 NY Slip Op 02243

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BANGALY CHELLEY, Also Known as DENIS CHELLEY, Appellant.

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

Decided March 25, 2016.

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

Memorandum: Defendant appeals from an order summarily denying his motion pursuant to CPL 440.10 to vacate the judgment convicting him of murder in the second degree (Penal Law § 125.25 [1]) and criminal possession of a weapon in the second degree (§ 265.03 [3]), contending that he was entitled to a hearing on his claim that he was deprived of effective assistance

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