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People v. Carter

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2001
281 A.D.2d 919 (N.Y. App. Div. 2001)

Opinion

March 21, 2001.

Appeal from Judgment of Supreme Court, Monroe County, Cornelius, J. — Burglary, 3rd Degree.

PRESENT: GREEN, J. P., PINE, HAYES, SCUDDER AND BURNS, JJ.


Judgment unanimously affirmed.

Memorandum:

Defendant contends that he was denied effective assistance of counsel based upon the failure of defense counsel to request a hearing to determine whether his statement to the police should have been suppressed as the product of an illegal arrest. Defendant has failed to show that a motion to suppress on that ground, "if made, would have been successful and that counsel otherwise failed to provide meaningful representation" ( People v. Willis, 261 A.D.2d 946, lv denied 93 N.Y.2d 1029). The police were dispatched at 2:30 A.M. to investigate an alarm at a clothing store, where they observed defendant exit through a door that had obviously been pried open. The police properly asked defendant his name ( see generally, People v. De Bour, 40 N.Y.2d 210, 223), and defendant made a statement in response to that inquiry. Supreme Court properly denied defendant's motion to suppress the statement as involuntarily made ( see, People v. Wiesmore, 204 A.D.2d 1003, 1003-1004, lv denied 84 N.Y.2d 873), and defendant has failed to show that the court would have suppressed his statement if defense counsel had sought a probable cause hearing. Upon our review of the record, we conclude that defendant was provided meaningful representation ( see, People v. Benevento, 91 N.Y.2d 708, 712-713).


Summaries of

People v. Carter

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2001
281 A.D.2d 919 (N.Y. App. Div. 2001)
Case details for

People v. Carter

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. VERNON CARTER…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 21, 2001

Citations

281 A.D.2d 919 (N.Y. App. Div. 2001)
721 N.Y.S.2d 849

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