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PEOPLE v. MARTIN

Ind. No. 2043/14. Appeal No. 10731-10731A. Case No. 2018-5071.

207 A.D.3d 403 (2022)

170 N.Y.S.3d 101

2022 NY Slip Op 04284

The People of the State of New York, Respondent, v. Shaun Martin, Appellant.

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

Decided July 5, 2022.

Attorney(s) appearing for the Case

Aidala, Bertuna & Kamins, P.C., New York ( Barry Kamins of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Brent Ferguson of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Kapnick, Oing, JJ.

We previously ordered a hearing on defendant's CPL 440.10 motion to vacate the judgment, and held the direct appeal in abeyance (179 A.D.3d 428 [1st Dept 2020]). Supreme Court conducted the hearing, and the record supports its findings. Defendant received effective assistance of counsel under the state and federal standards (see People v Benevento, 91 N.Y.2d 708, 713-714 [1998]; Strickland v Washington, 466...

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