PEOPLE v. NICHOLAS


167 A.D.2d 936 (1990)

The People of the State of New York, Respondent, v. David A. Nicholas, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 16, 1990


Judgment unanimously affirmed.

Memorandum:

By failing to move to suppress the items seized from the vehicle defendant was driving, defendant has failed to preserve the issue of an illegal search for review (CPL 710.70 [3]). We cannot conclude that defendant was denied the effective assistance of counsel merely because his attorney did not make a suppression motion. Defendant had sought suppression of those items in a prosecution in Onondaga County and, after...

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