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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NERLEY JEAN, Appellant.

Ordered that the judgment is affirmed.

"To prevail on a claim of ineffective assistance of counsel, it is incumbent on [the] defendant to demonstrate the absence of strategic or other legitimate explanations for counsel's failure" ( People v. Rivera, 71 NY2d 705, 709; see People v. Bussey, 6 AD3d 621, 622, lv denied 4 NY3d 828). "So long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation, the constitutional requirement will have been met" ( People v. Baldi, 54 NY2d 137, 147; see People v. Bussey, supra at 622).

The record reveals that the defendant was afforded meaningful representation ( see People v. Benevento, 91 NY2d 708).

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PEOPLE v. JEAN
(Aug 15, 2005)