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People v. Caprood

Appellate Division of the Supreme Court of New York, Third Department
Oct 3, 1991
176 A.D.2d 982 (N.Y. App. Div. 1991)

Opinion

October 3, 1991

Appeal from the County Court of Washington County (Berke, J.).


County Court properly denied defendant's motion to suppress certain evidence. First, we find that defendant lacked standing to object to the search as he had no expectation of privacy in the searched premises in that he was only an occasional visitor there (see, People v. Mills, 159 A.D.2d 520, lv denied 76 N.Y.2d 739; People v. Simon, 107 A.D.2d 196, 197-198). In any event, the record establishes that the search was conducted after the person who leased the apartment voluntarily gave his written consent (see, People v. Mills, supra, at 521; People v. Brewington, 145 A.D.2d 962). There is also no evidence in the record to substantiate defendant's claim that he was denied the effective assistance of counsel on the basis of being advised to plead guilty. Not only did defendant receive a very favorable plea bargain in which six counts were dropped, including attempted murder in the second degree, but he made no indication during his plea allocution that his attorney coerced him into entering the guilty plea (see, People v. Paterno, 141 A.D.2d 771, 772, lv denied 72 N.Y.2d 1048; People v. Mayes, 133 A.D.2d 905, 906).

Mahoney, P.J., Mikoll, Yesawich Jr. and Mercure, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Caprood

Appellate Division of the Supreme Court of New York, Third Department
Oct 3, 1991
176 A.D.2d 982 (N.Y. App. Div. 1991)
Case details for

People v. Caprood

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY L. CAPROOD…

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

Date published: Oct 3, 1991

Citations

176 A.D.2d 982 (N.Y. App. Div. 1991)
574 N.Y.S.2d 603

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