Opinion
2012-02-10
The PEOPLE of the State of New York, Respondent, v. Tyrone A. WEBB, Defendant–Appellant.
“Defendant further contends that he was denied effective assistance of counsel based on defense counsel's failure to pursue a suppression hearing on the ground that the police did not have probable cause to arrest him or reasonable suspicion to detain him. We reject that contention. ‘ “[I]t is incumbent on defendant to demonstrate the absence of strategic or other legitimate explanations” for [defense] counsel's alleged shortcomings' ( People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584, quoting People v. Rivera, 71 N.Y.2d 705, 709, 530 N.Y.S.2d 52, 525 N.E.2d 698). Here, defendant failed to meet that burden ( see People v. Elamin, 82 A.D.3d 1664, 1665, 919 N.Y.S.2d 661, lv. denied 17 N.Y.3d 794, 929 N.Y.S.2d 102, 952 N.E.2d 1097; People v. Jacobs, 52 A.D.3d 1182, 1184, 859 N.Y.S.2d 541, lv. denied 11 N.Y.3d 926, 874 N.Y.S.2d 11, 902 N.E.2d 445; People v. Maryon, 20 A.D.3d 911, 912, 797 N.Y.S.2d 684, lv. denied 5 N.Y.3d 854, 806 N.Y.S.2d 174, 840 N.E.2d 143).”
Motion for reargument is granted and, upon reargument, the memorandum and order entered December 23, 2011 (90 A.D.3d 1563, 935 N.Y.S.2d 423) is amended by deleting the last paragraph of the memorandum.