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PEOPLE v. LOBBAN

2008-07702.

77 A.D.3d 768 (2010)

909 N.Y.S.2d 488

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LORENZO LOBBAN, Appellant.

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

Decided October 12, 2010.

Ordered that the order is affirmed.

Contrary to the defendant's contention, defense counsel's failure to move to suppress his post-arrest statements based upon a purported violation of Payton v New York (445 U.S. 573 [1980]), did not constitute ineffective assistance of counsel, as the subject statements were exculpatory and consistent with the theory of defense (see People v Caban, 5 N.Y.3d 143<...

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