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PEOPLE v. SENIOR

Appellate Division of the Supreme Court of New York, First Department.
Feb 22, 2005
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Defendant received effective assistance of counsel ( see People v. Benevento, 91 NY2d 708, 713-714; see also Strickland v. Washington, 466 US 668). Defendant was not deprived of effective assistance when counsel failed to advance his desire to testify before the grand jury, or when counsel failed to move to dismiss the indictment based on the alleged denial of defendant's right to testify ( see People v. Wiggins, 89 NY2d 872, 873; People v. Mobley, 309 AD2d 605, lv denied 1 NY3d 599; People v. Davis, 308 AD2d 343, 345, lv denied 1 NY3d 570).