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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISHAM MOORE, Appellant.

OPINION OF THE COURT

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 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 are trial.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed, in a memorandum.

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PEOPLE v. MOORE
(Sep 2, 2010)