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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERARD DOWDY, Also Known as GERALD DOWDY, Appellant.

Defendant's present claims that he was mentally incompetent during post-verdict proceedings and that counsel was ineffective in failing to adequately press his incompetence are unsupported by a record permitting review (see, CPL 440.10). Consequently, such claims do no more than invite this Court to second-guess counsel's tactics (see, People v Jones, 55 N.Y.2d 771; People v Rivera, 71 N.Y.2d 705) and, on the state of the present record, we cannot conclude that defendant was denied meaningful representation.

Concur — Sullivan, J.P., Carro, Ellerin, Kassal and Nardelli, JJ.

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PEOPLE v. DOWDY
(Sep 21, 1993)