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People v. Figueroa

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
258 A.D.2d 960 (N.Y. App. Div. 1999)

Opinion

February 10, 1999

Appeal from Judgment of Supreme Court, Monroe County, Wisner, J. — Murder, 2nd Degree.

Present — Denman, P. J., Green, Hayes, Pigott, Jr., and Balio, JJ.


Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 20.00, 125.25 Penal). We reject the contention of defendant that he was denied effective assistance of counsel as a result of defense counsel's seeking to admit the oral and written statements of a codefendant who was tried separately. Defense counsel articulated a reasonable strategic basis for the admission of the statements ( see, People v. Rivera, 71 N.Y.2d 705, 708). Defendant failed to establish "the absence of strategic or other legitimate explanations for counsel's failure" to move to suppress based upon the denial of defendant's right to counsel ( People v. Rivera, supra, at 709; see also, People v. Garcia, 75 N.Y.2d 973, 974). Upon our review of the record, we conclude that defendant received meaningful representation ( see, People v. Baldi, 54 N.Y.2d 137, 147).

We reject defendant's contention that Supreme Court's Sandoval ruling was an abuse of discretion ( see, People v. Wiggins, 227 A.D.2d 918, 919, lv denied 88 N.Y.2d 1072, 89 N.Y.2d 1016). We have examined defendant's remaining contentions and conclude that they are without merit.


Summaries of

People v. Figueroa

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
258 A.D.2d 960 (N.Y. App. Div. 1999)
Case details for

People v. Figueroa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY FIGUEROA…

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

Date published: Feb 10, 1999

Citations

258 A.D.2d 960 (N.Y. App. Div. 1999)
685 N.Y.S.2d 506

Citing Cases

Figueroa v. Ricks

On direct appeal, the Fourth Department held that "[d]efendant failed to establish the absence of strategic…