People v. Spencer

Appellate Division of the Supreme Court of New York

People v. Spencer

209 A.D.2d 1011, 619 N.Y.S.2d 992, 1994 N.Y. App. Div. LEXIS 12041

Appellate Division of the Supreme Court of the State of New York·Decided November 16, 1994·Published

Opinion

—Judgment unanimously affirmed. Memorandum: Defendant was not denied effective assistance of counsel by his counsel’s failure to make a timely motion to suppress (see, People v Rivera, 71 NY2d 705, 709). Defendant failed to demonstrate that there was no legitimate explanation for that failure (see, People v Garcia, 75 NY2d 973, 974; People v Duvall, 190 AD2d 988, lv denied 81 NY2d 1013). We conclude that defendant received meaningful representation (see, People v Baldi, 54 NY2d 137, 147). (Appeal from Judgment of Monroe County Court, Connell, J.—Robbery, 2nd Degree.) Present—Green, J. P., Fallon, Wesley, Doerr and Boehm, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment unanimously affirmed. Memorandum: Defendant was not denied effective assistance of counsel by his counsel’s failure to make a timely motion to suppress (see, People v Rivera, 71 NY2d 705, 709). Defendant failed to demonstrate that there was no legitimate explanation for that failure (see, People v Garcia, 75 NY2d 973, 974; People v Duvall, 190 AD2d 988, lv denied 81 NY2d 1013). We conclude that defendant received meaningful representation (see, People v Baldi, 54 NY2d 137, 147). (Appeal from Judgment of Monroe County Court, Connell, J.—Robbery, 2nd Degree.) Present—Green, J. P., Fallon, Wesley, Doerr and Boehm, JJ.

People v. Spencer, 209 A.D.2d 1011, 619 N.Y.S.2d 992, 1994 N.Y. App. Div. LEXIS 12041 (N.Y. Ct. App. 1994).

Pincite

209 A.D.2d 1011 (People v. Spencer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related