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PEOPLE v. CAMACHO

10562. 976/16.

178 A.D.3d 515 (2019)

2019 NY Slip Op 08944

The People of the State of New York, Respondent, v. Gabriel Camacho, Appellant.

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

Decided December 12, 2019.

Attorney(s) appearing for the Case

Christina Swarns, Office of the Appellate Defender, New York (Margaret E. Knight of counsel), and Debevoise & Plimpton LLP, New York (Matthew Specht of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Julia P. Cohen of counsel), for respondent.

Concur—Richter, J.P., Manzanet-Daniels, Webber, Gesmer, JJ.

Defendant was deprived of effective assistance of counsel when his attorney failed to make a timely request for submission of petit larceny as a lesser included offense of robbery (People v Jones, 167 A.D.3d 443, 443 [1st Dept 2018], lv denied 32 N.Y.3d 1205 [2019]). Defendant was charged with thefts of cell phones from four wireless phone stores. As to one incident, it was alleged defendant...

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