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People v. Spencer

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1994
209 A.D.2d 1011 (N.Y. App. Div. 1994)

Opinion

November 16, 1994

Appeal from the Monroe County Court, Connell, J.

Present — Green, J.P., Fallon, Wesley, Doerr and Boehm, JJ.


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 N.Y.2d 705, 709). Defendant failed to demonstrate that there was no legitimate explanation for that failure (see, People v. Garcia, 75 N.Y.2d 973, 974; People v. Duvall, 190 A.D.2d 988, lv denied 81 N.Y.2d 1013). We conclude that defendant received meaningful representation (see, People v. Baldi, 54 N.Y.2d 137, 147).


Summaries of

People v. Spencer

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1994
209 A.D.2d 1011 (N.Y. App. Div. 1994)
Case details for

People v. Spencer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE SPENCER…

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

Date published: Nov 16, 1994

Citations

209 A.D.2d 1011 (N.Y. App. Div. 1994)
619 N.Y.S.2d 992

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