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PEOPLE v. GAMBLE

1347/09-65, 10873.

179 A.D.3d 580 (2020)

117 N.Y.S.3d 43

2020 NY Slip Op 00523

The People of the State of New York, Respondent, v. Rasheen J. Gamble, Also Known as Sheenie, Appellant.

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

Decided January 28, 2020.

The court properly denied, without a hearing, defendant pro se's CPL 440.10 motion and appellate counsel's supplemental CPL 440.10 motion asserting ineffective assistance of counsel. Defendant argues that there was no legitimate strategic reason for pretrial counsel's consent, without first consulting defendant, to the People's untimely (see CPL 240.90) motion to compel a DNA sample. Assuming that counsel's consent under...

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