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PEOPLE v. GRAHAM

Index No. 856/12.

201 A.D.3d 143 (2021)

2021 NY Slip Op 07068

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE GRAHAM, Appellant.

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

Decided December 16, 2021.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York City ( Margaret E. Knight of counsel), and Holwell Shuster & Goldberg LLP, New York City ( Timothy W. Grinsell of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Robert Myers , Marianne Stracquadanio and Rafael Curbelo of counsel), for respondent.

MANZANET-DANIELS, J.P., MAZZARELLI, GONZÁLEZ and PITT, JJ., concur.

OPINION OF THE COURT

In this appeal from a murder conviction, we are confronted with the unusual situation where defense counsel admitted his own ineffectiveness in failing to properly investigate and prepare this murder case for trial. Notably, counsel stated to the motion court that he filed a late alibi notice due to his...

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