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PEOPLE v. STEWART

6138/11. 3920. 3919.

151 A.D.3d 478 (2017)

2017 NY Slip Op 04539

57 N.Y.S.3d 28

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THEIN STEWART, Appellant.

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

Decided June 8, 2017.

Defendant moved below to vacate his conviction pursuant to CPL 440.10, arguing that he had received ineffective assistance of counsel (see People v Baldi, 54 N.Y.2d 137, 146 [1981]; see also People v Turner, 5 N.Y.3d 476, 480-481 [2005]). Defendant asserted that his counsel was ineffective in prematurely filing "an otherwise-meritorious speedy trial motion" and submitted an affirmation from...

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