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PEOPLE v. CARTER

1000/12. 7356. 7355.

167 A.D.3d 513 (2018)

88 N.Y.S.3d 339

2018 NY Slip Op 08745

The People of the State of New York, Respondent, v. Lataya Carter, Appellant.

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

Decided December 20, 2018.

Based upon our review of the evidence adduced at the CPL 440.10 hearing, we conclude that defendant met her burden of establishing that her trial counsel rendered prejudicially ineffective assistance under both the state and federal standards (see People v Benevento, 91 N.Y.2d 708, 713-714 [1998]; Strickland v Washington, 466 U.S. 668 [1984]). This case turned on

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