At trial, defendant did not preserve any claim relating to cell site location information obtained without a warrant, and the motion court providently exercised its discretion under CPL 440.10(2)(b) when it rejected defendant's attempt to raise this issue by way of a postconviction motion. Defendant asserts that it would have been futile for trial counsel to raise the issue because the Supreme Court of the United States had not yet decided Carpenter v United States
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PEOPLE v. CRUM
11639. 623/12.
184 A.D.3d 454 (2020)
126 N.Y.S.3d 7
2020 NY Slip Op 03282
The People of the State of New York, Respondent, v. Michael Crum, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided June 11, 2020.
Decided June 11, 2020.
Appellate Division of the Supreme Court of New York, First Department.
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