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THE PEOPLE, ETC., respondent, v. HENRY CABEZUDO, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's claim of ineffective assistance of counsel is without merit. The defense counsel pursued a misidentification defense, which he buttressed with an alibi defense. The defense counsel effectively cross-examined the witnesses, made cogent and consistent arguments on summation, and filed various pretrial and posttrial motions on the defendant's behalf. Under these circumstances, the defendant was provided meaningful representation (see People v. Henry, 95 N.Y.2d 563; People v. Benevento, 91 N.Y.2d 708).

To the extent that the claim is preserved, we find no error in the suppression ruling, nor do we find that certain statements admitted at trial violated any prior ruling by the County Court.

The defendant's remaining contentions are without merit.

FEUERSTEIN, J.P., FRIEDMANN, SCHMIDT and MASTRO, JJ., concur.

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PEOPLE v. CABEZUDO
(Mar 17, 2003)