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People v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 2010
70 A.D.3d 711 (N.Y. App. Div. 2010)

Opinion

No. 2006-02098.

February 2, 2010.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ingram, J.), rendered January 27, 2006, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials.

Bark Karpf, Brooklyn, N.Y. (Peter Bark of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.

Before: Rivera, J.P., Leventhal, Hall and Sgroi, JJ., concur.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he was not deprived of the effective assistance of counsel ( see Strickland v Washington, 466 US 668, 687; People v Taylor, 1 NY3d 174, 176).

The defendant's, contention that the Supreme Court failed to comply with CPL 710.40 (3) does not require reversal ( cf. People v Blowe, 130 AD2d 668, 669-670).

The defendant's remaining contention is without merit.


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 2010
70 A.D.3d 711 (N.Y. App. Div. 2010)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE GARCIA, Appellant

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

Date published: Feb 2, 2010

Citations

70 A.D.3d 711 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 867
892 N.Y.S.2d 888

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