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PEOPLE v. FIGUEROA

278 A.D.2d 139 (2000)

717 N.Y.S.2d 592

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL FIGUEROA, Appellant.

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

Decided December 21, 2000.

Defendant's ineffective assistance claim rests entirely on his counsel's strategic decision to abandon his motion to suppress identification testimony in order to avoid forfeiture, pursuant to People v Kirkland (89 N.Y.2d 903), of his argument that such testimony should have been precluded for insufficient CPL 710.30 notice. This issue would require a CPL 440.10 motion in order to afford counsel an opportunity to explain his strategy...

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