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PEOPLE v. EVERY

No. 133 SSM 20.

29 N.Y.3d 1103 (2017)

83 N.E.3d 202

61 N.Y.S.3d 194

2017 NY Slip Op 06401

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOUGLAS R. EVERY, Appellant.

Court of Appeals of New York.

Decided September 5, 2017.

Attorney(s) appearing for the Case

Easton Thompson Kasperek Shiffrin LLP, Rochester ( William T. Easton and Danielle C. Wild of counsel), for appellant.

Kirk O. Martin , District Attorney, Owego, for respondent.

Chief Judge DIFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA, WILSON and FEINMAN concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. Defendant has failed to meet his burden of "demonstrat[ing] the absence of strategic or other legitimate explanations for counsel's alleged failure[s]" (People v Wragg, 26 N.Y.3d 403, 409 [2015]) and, thus, he cannot prevail on his ineffective assistance of counsel claim. His assertions that County Court erred in charging the...

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