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People v. Harvey

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1993
198 A.D.2d 828 (N.Y. App. Div. 1993)

Opinion

November 19, 1993

Appeal from the Oneida County Court, Buckley, J.

Present — Callahan, J.P., Pine, Lawton, Doerr and Davis, JJ.


Judgment unanimously affirmed. Memorandum: County Court did not abuse its discretion in summarily denying defendant's pretrial pro se suppression motion inasmuch as that motion was served and filed more than 45 days after defendant's arraignment (see, CPL 255.20, [3]; 710.40 [1]; 710.70 [1]; People v Kasparek, 174 A.D.2d 970, lv denied 78 N.Y.2d 1078). Contrary to defendant's contention, he was not subjected to an illegal arrest (see, People v Rosario, 78 N.Y.2d 583, 588-589, cert denied ___ US ___, 112 S Ct 1210; People v Lopez, 95 A.D.2d 241; see also, Executive Law § 259-i [a] [i]). Additionally, we reject defendant's contention that he was deprived of effective assistance of counsel. The record demonstrates that defendant's attorney provided meaningful representation (see, People v Rivera, 71 N.Y.2d 705, 708-709; People v Baldi, 54 N.Y.2d 137, 146-147).


Summaries of

People v. Harvey

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1993
198 A.D.2d 828 (N.Y. App. Div. 1993)
Case details for

People v. Harvey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD S. HARVEY…

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

Date published: Nov 19, 1993

Citations

198 A.D.2d 828 (N.Y. App. Div. 1993)
605 N.Y.S.2d 1011

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