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People v. Henry

204 A.D.2d 1036 Court N.Y. App. Div. Decision date 1994-05-27 English

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p. 1036
The People of the State of New York, Respondent, v Ernest L. Henry, Appellant.
[614 NYS2d 961]

—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of rape in the first degree and sexual abuse in the first degree, defendant contends that he was denied effective assistance of counsel. We disagree (see, People v Rivera, 71

p. 1037
NY2d 705 , 708-709; People v Jackson, 70 NY2d 768 , 769). Defendant’s contention concerning prosecutorial misconduct is unpreserved (see, CPL 470.05 [2]), and we decline to reach it as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Onondaga County-Court, Burke, J.—Rape, 1st Degree.) Present—Green, J. P., Pine, Balio, Fallon and Doerr, JJ.

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