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PEOPLE v. McCRAY

Ind. No. 3920/08. Appeal No. 12241-12241A. Case No. 2016-2146.

187 A.D.3d 679 (2020)

131 N.Y.S.3d 549

2020 NY Slip Op 06219

The People of the State of New York, Respondent, v. Lonnie McCray, Appellant.

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

Decided October 29, 2020.

Defendant's motion, alleging ineffective assistance of counsel in various respects, should not have been denied on the ground that the trial record is sufficient to permit appellate review (CPL 440.10[2][b]). The trial record does not establish whether counsel's alleged deficiencies in handling suppression and trial issues were based on legitimate trial strategy. Moreover, the motion was supported by motion counsel's affirmation...

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