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PEOPLE v. AROER

2016-10612, Ind. No. 5661/15.

172 A.D.3d 736 (2019)

97 N.Y.S.3d 502

2019 NY Slip Op 03352

The People of the State of New York, Respondent, v. James Aroer, Appellant.

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

Decided May 1, 2019.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he was not deprived of the effective assistance of counsel by his attorney's failure to seek a Wade hearing (see United States v Wade, 388 U.S. 218 [1967]) challenging the admissibility of pretrial identification evidence, since "[t]here can be no denial of effective assistance of trial counsel arising from counsel's failure to `make a motion...

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