The People v. Isham Moore
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
----------------------------------------------------------------No. 201 SSM 32
The People &c.,
Respondent,
v.
Isham Moore,
Appellant.
Submitted by De Nice Powell, for appellant.
Submitted by Solomon Neubort, for respondent.
MEMORANDUM:
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
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SSM No. 32
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
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