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People v. Borcyk
Thus, "it is incumbent on [a] defendant to demonstrate the absence of strategic or other legitimate explanations for defense counsel's allegedly deficient conduct" ( People v Atkins , 107 AD3d 1465 , 1465 [4th Dept 2013], lv denied 21 NY3d 1040 [2013] [internal quotation marks omitted]; see People v Bank , 124 AD3d 1376 , 1377 [4th Dept 2015], affd 28 NY3d 131 [2016]; People v Young , 167 AD3d 1448 , 1449 [4th Dept 2018], lv denied 33 NY3d 1036 [2019]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Jacinto Cedeno, Also Known as The General
v.
Jacinto Cedeno, Also Known as The General
Appeal No. 1.
Appellate Division of the Supreme Court of the State of New York.
Jan 2, 2015.
Carni, Lindley, Sconiers, Scudder, Smith.
Cited by 1 opinion | Published
Appeal from a new sentence of the Supreme Court, Monroe County (Harold L. Galloway, J.), rendered February 9, 2009 imposed upon defendant’s conviction of criminal sale of a controlled substance in the first degree (two counts), and criminal possession of a controlled substance in the first degree (two counts). Defendant was resentenced pursuant to the 2004 Drug Law Reform Act.
It is hereby ordered that the sentence so appealed from is unanimously affirmed.
Present — Scudder, PJ., Smith, Carni, Lindley and Sconiers, JJ.