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People v. Cabezudo

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2003
303 A.D.2d 596 (N.Y. App. Div. 2003)

Opinion

2001-01921

Submitted February 21, 2003.

March 17, 2003.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Alamia, J.), rendered January 25, 2001, convicting him of robbery in the first 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.

Andrew S. Worgan, Kings Park, N.Y. (Anne J. D'Elia of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.

Before: SANDRA J. FEUERSTEIN, J.P., WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's claim of ineffective assistance of counsel is without merit. The defense counsel pursued a misidentification defense, which he buttressed with an alibi defense. The defense counsel effectively cross-examined the witnesses, made cogent and consistent arguments on summation, and filed various pretrial and posttrial motions on the defendant's behalf. Under these circumstances, the defendant was provided meaningful representation (see People v. Henry, 95 N.Y.2d 563; People v. Benevento, 91 N.Y.2d 708).

To the extent that the claim is preserved, we find no error in the suppression ruling, nor do we find that certain statements admitted at trial violated any prior ruling by the County Court.

The defendant's remaining contentions are without merit.

FEUERSTEIN, J.P., FRIEDMANN, SCHMIDT and MASTRO, JJ., concur.


Summaries of

People v. Cabezudo

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2003
303 A.D.2d 596 (N.Y. App. Div. 2003)
Case details for

People v. Cabezudo

Case Details

Full title:THE PEOPLE, ETC., respondent, v. HENRY CABEZUDO, appellant

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

Date published: Mar 17, 2003

Citations

303 A.D.2d 596 (N.Y. App. Div. 2003)
756 N.Y.S.2d 490

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