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People v. Johnson
While "[a] trial court is required to grant a hearing if the defendant 'raise[s] a factual dispute on a material point which must be resolved before the court can decide the legal issue' of whether evidence was obtained in a constitutionally permissible manner" (People v Burton, 6 NY3d at 587 , quoting People v Gruden, 42 NY2d 214,215 (1977]; see People v Esperanza, 203 AD3d at 128; People v Lambey, 176 AD3d 1232 , 1234 [2d Dept 2019]; People v Worrell, 138 AD3d 1154, 1155 (2d Qept 2016]; People v Jennings, 110 AD3d 738, 739 (2d Dept 2013]), allegations that consist entirely of counsel's legal…
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The People of the State of New York
v.
Kayode Oseni
v.
Kayode Oseni
Appellate Division of the Supreme Court of the State of New York.
Jun 25, 2014.
Cohen, Leventhal, Rivera, Sgroi.
Published
Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated June 12, 2013 (.People v Oseni, 107 AD3d 829 [2013]), affirming a judgment of the County Court, Westchester County, rendered June 18, 2010.
Ordered that the application is denied.
The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see Jones v Barnes, 463 US 745 [1983]; People v Stultz, 2 NY3d 277 [2004]).
Rivera, J.E, Leventhal, Sgroi and Cohen, JJ., concur.