Opinion
11932 Ind. No. 4410/16 Case No. 2018-2698
10-01-2020
The PEOPLE of the State of New York, Respondent, v. Antwan CHAMBLISS, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Arielle Reid of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Susan Axelrod of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Arielle Reid of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Susan Axelrod of counsel), for respondent.
Kapnick, J.P., Gesmer, Gonza´lez,Scarpulla, JJ.
Judgment, Supreme Court, New York County (Roger S. Hayes, J. at suppression hearing and first jury trial; Patricia M. Nunez, J. at second jury trial and sentencing), rendered October 5, 2017, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fourth and seventh degrees, and sentencing him to a conditional discharge and time served, respectively, unanimously affirmed.
Defense counsel was not ineffective for failing to pursue an argument that had little or no chance of success ( People v. Caban, 5 N.Y.3d 143, 152, 800 N.Y.S.2d 70, 833 N.E.2d 213 [2005] ). Police validly searched defendant's vehicle and the closed containers therein pursuant to the automobile exception to the warrant requirement (see generally People v. Galak, 81 N.Y.2d 463, 467, 600 N.Y.S.2d 185, 616 N.E.2d 842 [1993] ; People v. Blasich, 73 N.Y.2d 673, 678–679, 543 N.Y.S.2d 40, 541 N.E.2d 40 [1989] ). Because the search conducted at the precinct was "reasonably close in time and place to the point of arrest ... there was no requirement that the police further delay the search to obtain a warrant" ( People v. McKinley, 134 A.D.3d 519, 519, 20 N.Y.S.3d 534 [1st Dept. 2015], lv denied 26 N.Y.3d 1147, 32 N.Y.S.3d 61, 51 N.E.3d 572 [2016] [internal quotation marks omitted] ).