PEOPLE v. ZAYAS


23 A.D.3d 683 (2005)

804 N.Y.S.2d 812

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ENRIQUE ZAYAS, Appellant.

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

November 28, 2005.


Ordered that the judgment is affirmed.

The defendant contends that he was denied the effective assistance of counsel claiming, inter alia, that his attorney in the Supreme Court did not move for a pretrial hearing to determine whether statements he made to the police were voluntary, and he did not request an instruction charging the jurors to consider the voluntariness of his statements. The defendant also asserts that he was wrongly sentenced as a persistent violent...

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