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People v. Charles

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1989
152 A.D.2d 593 (N.Y. App. Div. 1989)

Opinion

July 3, 1989

Appeal from the Supreme Court, Queens County (Dufficy, J.).


Ordered that the judgment is affirmed.

The defense counsel's failure to move to reopen the suppression hearing, following trial testimony which indicated that the defendant may have been ordered by police to open a bag which was found to contain cocaine, did not, under the circumstances of this case, demonstrate that the defendant received the ineffective assistance of counsel (see, People v Baldi, 54 N.Y.2d 137; People v McFadden, 118 A.D.2d 805). In any event, we are not persuaded that even if the motion to reopen the Mapp hearing had been granted, suppression of the evidence would ultimately have been granted (see, People v Wade, 137 A.D.2d 638).

The sentencing statute was not unconstitutionally applied to this defendant (see, People v Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950). Furthermore, the sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). Kunzeman, J.P., Kooper, Harwood and Rosenblatt, JJ., concur.


Summaries of

People v. Charles

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1989
152 A.D.2d 593 (N.Y. App. Div. 1989)
Case details for

People v. Charles

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONNA CHARLES…

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

Date published: Jul 3, 1989

Citations

152 A.D.2d 593 (N.Y. App. Div. 1989)
543 N.Y.S.2d 705

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