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PEOPLE v. DENNIS

2018-04246. Ind. No. 48/17.

192 A.D.3d 1137 (2021)

2021 NY Slip Op 01994

The People of the State of New York, Respondent, v. Ricky Dennis, Appellant.

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

Decided March 31, 2021.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( De Nice Powell of counsel), for appellant.

Michael E. McMahon , District Attorney, Staten Island, NY ( Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.

Dillon, J.P., Hinds-Radix, Duffy and Iannacci, JJ., concur.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

Contrary to the defendant's contention, defense counsel was not ineffective because he failed to controvert a warrant to search the defendant's vehicle or to otherwise seek suppression of the vehicle's contents (see Mapp v Ohio, 367 U.S. 643 [1961]). Taking into consideration the totality of the evidence, the law, and the circumstances of the case...

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