PEOPLE v. PETERSON


19 A.D.3d 1015 (2005)

796 N.Y.S.2d 796

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY PETERSON, Appellant.

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

June 10, 2005.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

On appeal from an order denying his CPL 440.10 motion to vacate a judgment of conviction, defendant contends that he was denied effective assistance of counsel at his trial on the ground that counsel failed to make a motion to suppress eavesdropping tapes based on an alleged violation of CPL 700.50 (2). Defendant has failed to establish that "the...

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