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PEOPLE v. SPOSITO

No. 18

30 N.Y.3d 1110 (2018)

2018 NY Slip Op 00860

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH SPOSITO, Appellant.

Court of Appeals of New York.

Decided February 8, 2018.

Attorney(s) appearing for the Case

Barket Marion Epstein & Kearon, LLP, Garden City ( Donna Aldea of counsel), for appellant.

P. David Soares , District Attorney, Albany ( Michael C. Wetmore and Vincent Stark of counsel), for respondent.

Chief Judge DIFIORE and Judges RIVERA, FAHEY, GARCIA, WILSON and FEINMAN concur; Judge STEIN taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be affirmed.

Defendant "bears the burden of establishing his claim that counsel's performance is constitutionally deficient" (People v Nicholson, 26 N.Y.3d 813, 831 [2016]; accord People v Baldi, 54 N.Y.2d 137 [1981]) by "demonstrat[ing] the absence of strategic...

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