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PEOPLE v. COLE

4409/13. 4396. 4395.

151 A.D.3d 662 (2017)

2017 NY Slip Op 05325

54 N.Y.S.3d 584

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELDRICK COLE, Appellant.

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

Decided June 29, 2017.

We conclude that defendant received effective assistance under the state and federal standards (see People v Benevento, 91 N.Y.2d 708, 713-714 [1998]; Strickland v Washington, 466 U.S. 668 [1984]). We agree with defendant that his first attorney should have made a timely motion to suppress the stolen credit cards recovered from defendant's wallet, based on the facts known to the attorney at...

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