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PEOPLE v. BROWN

57 A.D.3d 386 (2008)

868 N.Y.S.2d 889

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN BROWN, Appellant.

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

December 23, 2008.

To the extent that defendant's ineffective assistance of counsel claim is based upon the denial of his CPL 440.10 motion, the claim is not properly before this Court as his motion for leave to appeal was denied. On the existing record, to the extent it permits review, we find that defendant received effective assistance under the state and federal standards (see People v Benevento, 91 N.Y.2d 708, 713-714 [1998]; People v Ford...

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