PEOPLE v. VILLEGAS

7901, 7901A, 2094/09.

98 A.D.3d 427 (2012)

949 N.Y.S.2d 664

2012 NY Slip Op 5945

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE VILLEGAS, Appellant.

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

Decided August 14, 2012.


Defendant did not receive effective assistance of counsel at his suppression hearing. Counsel failed to make use of available evidence that would have been dispositive (see generally People v Turner, 5 N.Y.3d 476, 481 [2005]).

At the hearing, two police officers testified that an unnamed 911 caller gave a description and location for a man with a firearm, and stated that she was calling on a cell phone belonging to someone...

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