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PEOPLE v. ALCANTARA

1438/11, 4672, 4671.

154 A.D.3d 509 (2017)

63 N.Y.S.3d 35

2017 NY Slip Op 07197

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARGELIS ALCANTARA, Appellant.

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

Decided October 12, 2017.

The court properly exercised its discretion in denying defendant's CPL 440.10 motion without holding a hearing (see People v Samandarov, 13 N.Y.3d 433, 439-440 [2009]). Based on the submissions on the motion, as well as the trial record, we conclude that defendant received effective assistance under the state and federal standards (see People v Benevento, 91 N.Y.2d 708, 713-714 [1998]; ...

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