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PEOPLE v. ELLIS

81 N.Y.2d 854 (1993)

The People of the State of New York, Respondent, v. Drake Ellis, Appellant.

Court of Appeals of the State of New York.

Decided March 25, 1993.

Attorney(s) appearing for the Case

Beverly Van Ness, New York City, and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Donna Krone and Donald J. Siewert of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

We agree with the Appellate Division that defendant's trial representation was not constitutionally deficient. The evidence revealed that on September 14, 1989, a Woolworth's store detective observed defendant on the main shopping floor acting "very suspicious." The detective and a store manager followed...

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