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PEOPLE v. SPOSITO

No. 21 SSM 31.

37 N.Y.3d 1149 (2022)

180 N.E.3d 1053

159 N.Y.S.3d 753

2022 NY Slip Op 00040

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH SPOSITO, Appellant.

Court of Appeals of New York.

Decided January 6, 2022.

Attorney(s) appearing for the Case

Barket Epstein Kearon Aldea & LoTurco, LLP, Garden City (Donna Aldea of counsel), for appellant.

P. David Soares, District Attorney, Albany (Michael C. Wetmore of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

"Defendant bears the burden of establishing his claim that counsel's performance is constitutionally deficient by demonstrating the absence of strategic or other legitimate explanations for counsel's alleged failures" (People v Sposito, 30 N.Y.3d 1110, 1111 [2018] [citations, internal quotation marks and brackets omitted...

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