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number 17 people V hartle good afternoon your honor mayor please the court John sarando from Syracuse on behalf of the appellant and I would request two minutes for rebuttal if necessary you have two minutes Mr thank you this is an appeal from a memorandum in order of the third Department affirming the denial of our clients CPL article 440 motion there's two issues that I'd like to discuss this afternoon briefly the denial of meaningful assistance of counsel sort of a unique situation here this district attorney was being investigated and retained an attorney to represent her during the course of the investigation the the investigator the service is terminated prior to my clients retaining of this attorney however uh when he was arraigned everybody in the courtroom knew that he that the defense attorney had represented the D.A except my client the third Department indicated and a footnote in their in the decision that he should have been informed of the essence of infor

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