People v. Hanson

683 N.Y.S.2d 202, 256 A.D.2d 74, 1998 N.Y. App. Div. LEXIS 13068

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 8, 1998
• Status: Published

Opinion

—Judgment, Supreme Court, New York County (Micki Scherer, J.) rendered December 17, 1996, convicting defendant, after a nonjury trial, of criminal possession of a weapon in the third degree, and, sentencing him, as a second violent felony offender, to a determinate term of 5 years, unanimously affirmed.

With defendant’s consent, the court properly conducted a combined suppression hearing and nonjury trial (People v Yousef, 236 AD2d 868, lv denied 90 NY2d 866). Counsel’s consent to the procedure employed by the court did not deprive him of effective assistance of counsel. On the existing record, which defendant has not sought to expand by means of a CPL article 440 motion in order to explore counsel’s strategy (see, People v Rivera, 71 NY2d 705, 709), we find that counsel pursued a strategy that was reasonable under the circumstances. Concur — Milonas, J. P., Nardelli, Williams, Tom and Andrias, JJ.