PEOPLE v. ROSARIO


166 A.D.2d 289 (1990)

The People of the State of New York, Respondent, v. Jose Rosario, Appellant

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

October 18, 1990


We find no merit to defendant's CPL 440.10 motion which alleges ineffectiveness of trial counsel on the grounds that said counsel did not seek suppression of a .38 caliber bullet found by arresting officers in defendant's apartment. The evidence against defendant, including, inter alia, eyewitness testimony, .38 caliber bullets found outside defendant's window in the yard, and a .38 caliber pistol on the fourth-floor windowsill of defendant's apartment building, provided...

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