New York Supreme and/or Appellate Courts Appellate Division, Fourth Department
February 10, 2012
THE PEOPLE OF THE STATE OF NEW YORK,
TYRONE A. WEBB, .EFENDANT-APPELLANT.
People v Webb
Decided on February 10, 2012
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.
MOTION NO. (1399/11)
MEMORANDUM AND ORDER
Motion for reargument is granted and, upon reargument, the memorandum and
order entered December 23, 2011 (90 AD3d 1563) is amended by deleting the last
paragraph of the memorandum and substituting the following paragraph: "Defendant
further contends that he was denied effective assistance of counsel based on defense
counsel's failure to pursue a suppression hearing on the ground that the police did not
have probable cause to arrest him or reasonable suspicion to detain him. We reject that
contention. "[I]t is incumbent on defendant to demonstrate the absence of strategic or other
legitimate explanations" for [defense] counsel's alleged shortcomings'
(People v Benevento, 91 NY2d 708, 712, quoting People v Rivera, 71 NY2d 705, 709).
Here, defendant failed to meet that burden (see People v Elamin, 82 AD3d 1664, 1665, lv denied
17 NY3d 794; People v Jacobs, 52 AD3d 1182, 1184, lv denied 11 NY3d 926; People v Maryon, 20
AD3d 911, 912, lv denied 5 NY3d 854)."
PRESENT: SMITH, J.P., FAHEY, CARNI, AND SCONIERS, JJ.
(Filed Feb. 10, 2012.)
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