SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 30, 2010
THE PEOPLE OF THE STATE OF NEW YORK,
JURI P. THOMAS,
Appeal from a judgment of the Erie County Court (Michael L. D'Amico, J.), rendered February 17, 2009. The judgment convicted defendant, upon a jury verdict, of criminal possession of a controlled substance in the fourth degree.
People v. Thomas
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on December 30, 2010
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, AND SCONIERS, JJ.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09 ). We reject the contention of defendant that he was denied effective assistance of counsel based on defense counsel's failure to move to suppress physical evidence. "Defendant has not shown that a suppression motion, if made, would have been successful and thus has failed to establish that defense counsel was ineffective in failing to make such a motion" (People v Borcyk, 60 AD3d 1489, 1490, lv denied 12 NY3d 923). We further conclude that the sentence is not unduly harsh or severe.
Entered:December 30, 2010
Patricia L. Morgan Clerk of the Court
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