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PEOPLE v. THORNTON

Appellate Division of the Supreme Court of New York, First Department.
May 7, 1998

Since defendant has not raised his claim of ineffective assistance in a CPL article 440 motion, the record is insufficient to review strategic explanations for counsel's conduct of the trial and failure to pursue an entrapment defense (see, People v. Love, 57 N.Y.2d 998; People v. Fuentes, 246 A.D.2d 474). A review of the existing record indicates that defendant received adequate representation (see, People v. Hobot, 84 N.Y.2d 1021; People v. Baldi, 54 N.Y.2d 137; cf., People v. Brown, 82 N.Y.2d 869).

Concur — Rosenberger, J.P., Ellerin, Wallach, Williams and Saxe, JJ.