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PEOPLE v. WHITLEY

61 A.D.3d 423 (2009)

876 N.Y.S.2d 53

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRYL WHITLEY, Appellant.

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

Decided April 7, 2009.

The court properly denied, on the merits, defendant's CPL 440.10 motion asserting ineffective assistance of counsel. We conclude that defendant received effective assistance under both the state and federal standards (see People v Benevento, 91 N.Y.2d 708, 713-714 [1998]; Strickland v Washington, 466 U.S. 668 [1984]).

Defendant's principal claim is that when the testimony a prosecution...

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