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People v. Morris

Appellate Division of the Supreme Court of New York, Second Department
Jul 23, 1990
163 A.D.2d 589 (N.Y. App. Div. 1990)

Opinion

July 23, 1990

Appeal from the County Court, Nassau County (Harrington, J.).


Ordered that the judgment is affirmed; and it is further,

Ordered that the order is affirmed.

The defendant's claim that his statements to the police should have been suppressed as the fruit of an illegal arrest is unpreserved for appellate review (see, CPL 470.05; People v. Tutt, 38 N.Y.2d 1011, 1012-1013; People v. Murriel, 134 A.D.2d 623, 624). In any event, the People did present evidence establishing that the information known to the police was sufficient to constitute probable cause to arrest the defendant (see, People v. Johnson, 66 N.Y.2d 398, 404; People v. Comforto, 62 N.Y.2d 725; People v. Greene, 153 A.D.2d 439).

We find no merit to the defendant's further contention that he was deprived of the effective assistance of trial counsel. Moreover, a hearing was not warranted with respect to the defendant's alleged claims regarding trial counsel's representation which were raised in his postjudgment motion pursuant to CPL 440.10 and 440.20 Crim. Proc. (see also, CPL 440.30 [c], [d]).

We find the defendant's remaining contention to be without merit. Thompson, J.P., Lawrence, Harwood and Balletta, JJ., concur.


Summaries of

People v. Morris

Appellate Division of the Supreme Court of New York, Second Department
Jul 23, 1990
163 A.D.2d 589 (N.Y. App. Div. 1990)
Case details for

People v. Morris

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCELLUS MORRIS…

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

Date published: Jul 23, 1990

Citations

163 A.D.2d 589 (N.Y. App. Div. 1990)
558 N.Y.S.2d 548

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