Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

The People of the State of New York v. Tyrone A. Webb

New York Supreme and/or Appellate Courts Appellate Division, Fourth Department


February 10, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
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.)

20120210

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.