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People v. Elvin

240 A.D.2d 261 Court N.Y. App. Div. Decision date 1997-06-17 English

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p. 261
The People of the State of New York, Respondent, v Damion Elvin, Appellant.
[659 NYS2d 738]

—Judgment, Supreme Court, Bronx County (Dominick Massaro, J.), rendered March 21, 1995, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree and three counts of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

p. 262
On the existing record, which defendant has not sought to amplify by means of a motion pursuant to CPL article 440, we conclude that defendant received effective assistance of counsel (see, People v Baldi, 54 NY2d 137 ). Concur—Murphy, P. J., Wallach, Rubin, Tom and Andrias, JJ.

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