Opinion
July 3, 1989
Appeal from the Supreme Court, Queens County (Dufficy, J.).
Ordered that the judgment is affirmed.
The defense counsel's failure to move to reopen the suppression hearing, following trial testimony which indicated that the defendant may have been ordered by police to open a bag which was found to contain cocaine, did not, under the circumstances of this case, demonstrate that the defendant received the ineffective assistance of counsel (see, People v Baldi, 54 N.Y.2d 137; People v McFadden, 118 A.D.2d 805). In any event, we are not persuaded that even if the motion to reopen the Mapp hearing had been granted, suppression of the evidence would ultimately have been granted (see, People v Wade, 137 A.D.2d 638).
The sentencing statute was not unconstitutionally applied to this defendant (see, People v Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950). Furthermore, the sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). Kunzeman, J.P., Kooper, Harwood and Rosenblatt, JJ., concur.