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PEOPLE v. MITCHELL

204 A.D.2d 120 (1994)

614 N.Y.S.2d 109

The People of the State of New York, Respondent, v. Eugene Mitchell, Appellant

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

May 10, 1994

The defendant has not met his burden of demonstrating the absence of strategic or other legitimate reasons for trial counsel's failure to move for Mapp or Huntley hearings, nor has he come forward with factual or legal grounds for the suppression of evidence or statements such as would call into question trial counsel's representation (People v Rivera, 71 N.Y.2d 705, 709). Therefore, the presumption is that trial counsel...

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