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2010 NY Int. 141

This opinion is uncorrected and subject to revision before publication in the Official Reports.

2010 NY Slip Op 06532

Decided on September 2, 2010

No. 201 SSM 32

The People & c., Respondent,


Isham Moore, Appellant.

Submitted by De Nice Powell, for appellant.

Submitted by Solomon Neubort, for respondent.


The order of the Appellate Division should be affirmed. Defendant Isham Moore failed to establish that his attorney provided ineffective assistance because of her failure to request a justification charge. There are sound strategic reasons for counsel's decision not to request such a charge. And even if this were not the case, defendant cannot show that he was entitled to a justification charge under any favorable interpretation of the testimony presented at trial.

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On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Decided September 2, 2010