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PEOPLE v. MAYNARD

10096, 5147/14.

176 A.D.3d 512 (2019)

112 N.Y.S.3d 706

2019 NY Slip Op 07484

The People of the State of New York, Respondent, v. Terrence Maynard, Appellant.

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

Decided October 17, 2019.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York (Christina A. Swarns of counsel), and Jones Day, New York (Lily E. Hann of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.

Concur— Friedman, J.P., Renwick, Kapnick, Gesmer, Kern, JJ.

The record fails to support defendant's claim that his trial counsel conceded his guilt. Accordingly, defendant has not established a right to counsel violation under McCoy v Louisiana (584 US ___, 138 S.Ct. 1500 [2018]).

In McCoy, the Supreme Court held that "[w]hen a client expressly asserts that the objective of [the client's defense] is to maintain innocence of the charged criminal acts, [the] lawyer must abide by...

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