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PEOPLE v. McDANIEL

13 N.Y.3d 751 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAR McDANIEL, Appellant.

Court of Appeals of the State of New York.

Decided September 1, 2009.

Attorney(s) appearing for the Case

Legal Aid Society, Criminal Appeals Bureau, New York City (Arthur H. Hopkirk and Steven Banks of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Kayonia L. Whetstone of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Because defense counsel's decision not to seek dismissal of the robbery in the first degree charge for insufficient evidence would not have resulted in a dismissal of that charge (see People v Lopez, 73 N.Y.2d 214, 219-220 [1989]; People v Baskerville, 60 N.Y.2d 374, 380-381...

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