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People v. Villanueva

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1998
255 A.D.2d 406 (N.Y. App. Div. 1998)

Opinion

November 9, 1998

Appeal from the County Court, Orange County (Byrne, J.).


Ordered that the judgment is affirmed.

The record supports the hearing court's determination that the defendant voluntarily consented to the search of his vehicle ( see, People v. Gonzalez, 39 N.Y.2d 122; People v. Artis, 201 A.D.2d 488). The court's determination rested largely upon its assessment of the credibility of the testifying police officer and is entitled to great deference ( see, People v. Prochilo, 41 N.Y.2d 759).

The defendant was afforded meaningful representation. He received an advantageous plea, and nothing in the record casts doubt on the apparent effectiveness of counsel ( see, People v. Ford, 86 N.Y.2d 397, 404). Had a jury convicted the defendant of criminal possession of a controlled substance in the first degree as initially charged, he could have received a sentence of 25 years to life imprisonment, rather than the sentence of 8 years to life imprisonment actually imposed with the assistance of counsel.

Contrary to the defendant's contention, the court was not required to advise him that deportation was a possible consequence of conviction ( see, People v. Ford, supra, at 403; People v. Boodhoo, 191 A.D.2d 448; People v. Williams, 189 A.D.2d 910).

Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.


Summaries of

People v. Villanueva

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1998
255 A.D.2d 406 (N.Y. App. Div. 1998)
Case details for

People v. Villanueva

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR VILLANUEVA…

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

Date published: Nov 9, 1998

Citations

255 A.D.2d 406 (N.Y. App. Div. 1998)
681 N.Y.S.2d 47

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