PEOPLE v. GARCIA


75 N.Y.2d 973 (1990)

The People of the State of New York, Respondent, v. Adrober Garcia, Also Known as Androbar Garcia, Also Known as Androber Garcia, Appellant.

Court of Appeals of the State of New York.

Decided May 1, 1990.


Attorney(s) appearing for the Case

Barry Stendig and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Sandra Guerra and Donald J. Siewert of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

After a trial by jury, defendant was convicted of murder in the second degree (Penal Law § 125.25). He argues on this appeal that he was denied effective assistance of counsel because his counsel did not challenge the warrantless arrest, notwithstanding that the arrest was not premised on probable cause and was made in his place of residence...

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