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People v. Austin

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 2003
304 A.D.2d 835 (N.Y. App. Div. 2003)

Opinion

2000-09623

Submitted April 4, 2003.

April 28, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered September 26, 2000, convicting him of murder in the second degree, attempted murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Demakos, J.), of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials.

Oliver A. Smith, New York, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Cafferri, and Merri Turk Lasky of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., DANIEL F. LUCIANO, SANDRA L. TOWNES, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The record does not support the defendant's claim of ineffective assistance of counsel since it demonstrates that his trial counsel rendered meaningful representation to him at all stages of the proceedings (see People v. Ellis, 81 N.Y.2d 854; People v. Baldi, 54 N.Y.2d 137).

The Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress his written statements (see People v. Baker, 208 A.D.2d 758).

The defendant's remaining contentions are without merit.

SANTUCCI, J.P., LUCIANO, TOWNES and RIVERA, JJ., concur.


Summaries of

People v. Austin

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 2003
304 A.D.2d 835 (N.Y. App. Div. 2003)
Case details for

People v. Austin

Case Details

Full title:THE PEOPLE, ETC., respondent, v. AVALDO AUSTIN, appellant

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

Date published: Apr 28, 2003

Citations

304 A.D.2d 835 (N.Y. App. Div. 2003)
757 N.Y.S.2d 876

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