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People v. Mandley

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1987
134 A.D.2d 622 (N.Y. App. Div. 1987)

Opinion

November 30, 1987

Appeal from the Supreme Court, Kings County (Tomei, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's present contention, the record supports the hearing court's conclusion that the police officers acted properly in inquiring of and eventually arresting the defendant, as they responded to a radio call concerning an impending robbery and found the defendant and his companion at the specified location. Both men closely matched the descriptions supplied in the radio transmission and gave vague and evasive answers when questioned by the responding police officers. These facts, when combined with the officers' observation of a bulge in the defendant's waistband which they believed was a weapon, justified a pat-down search of the defendant (see, People v King, 65 N.Y.2d 702; People v. Stewart, 41 N.Y.2d 65; People v Lewis, 108 A.D.2d 872). Likewise, the defendant's flight during the attempted frisk and his display of a handgun during the ensuing chase provided ample probable cause for his arrest (see generally, People v. Mateo, 122 A.D.2d 229; People v. Lewis, supra; People v. Horvath, 108 A.D.2d 926).

We further reject the defendant's claim that he was denied the effective assistance of trial counsel. The record demonstrates that counsel sought and conducted pretrial hearings, engaged in lengthy cross-examination, put forth cogent legal arguments, and presented a tenable albeit ultimately unsuccessful defense. Counsel's vigor and competence throughout the proceedings refutes the defendant's contention that he was deprived of meaningful representation (see, People v. Lane, 60 N.Y.2d 748; People v Baldi, 54 N.Y.2d 137; People v. Hill, 122 A.D.2d 810).

We have examined the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Brown, J.P., Lawrence, Weinstein and Eiber, JJ., concur.


Summaries of

People v. Mandley

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1987
134 A.D.2d 622 (N.Y. App. Div. 1987)
Case details for

People v. Mandley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID MANDLEY…

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

Date published: Nov 30, 1987

Citations

134 A.D.2d 622 (N.Y. App. Div. 1987)

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