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PEOPLE v. DAVIS
Appellate Division of the Supreme Court of New York, Second Department.
Oct 30, 2000
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DECISION ORDER
ORDERED that the judgment is affirmed.
The court properly permitted the prosecutor to use the defendant's testimony from a prior trial involving another participant in the murder and the defendant's prior statement to the police as evidence at his own trial (see, People v. Evans, 58 N.Y.2d 14, 24).
The defendant was not deprived of the effective assistance of counsel (see, People v. Smith, 59 N.Y.2d 156; People v. Rosenblum, 218 A.D.2d 823). His sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.
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