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PEOPLE v. NEMELC

2262/11, 6645, 6644.

161 A.D.3d 615 (2018)

78 N.Y.S.3d 35

2018 NY Slip Op 03737

The People of the State of New York, Respondent, v. Darrin Nemelc, Appellant.

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

Decided May 24, 2018.

The court providently exercised its discretion in denying defendant's CPL 440.10 motion (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]; see also Strickland v...

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