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(DOWNLOAD) "People State New York v. Milton Lockhart" by Supreme Court of New York # eBook PDF Kindle ePub Free

People State New York v. Milton Lockhart

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eBook details

  • Title: People State New York v. Milton Lockhart
  • Author : Supreme Court of New York
  • Release Date : January 13, 1990
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

We find unpersuasive the defendant's contention that he was denied the effective assistance of counsel at trial. Although
the defendant's counsel did not move to suppress certain physical evidence, that failure does not in itself establish ineffective
assistance (see, People v Belgrave, 143 A.D.2d 103; People v White, 137 A.D.2d 859), especially where, as in this case, the
record demonstrates that such a challenge to the admissibility of the evidence would have proved unavailing (see, People v
Perez, 133 A.D.2d 856; see also, People v Bennett, 157 A.D.2d 630). Similarly, trial counsel's strategy and tactics, while
ultimately unsuccessful, were reasonable and do not sustain the defendant's claim of ineffective assistance (see generally,
People v Baldi, 54 N.Y.2d 137). Counsel's efforts, including a motion to controvert the search warrant, the tenacious cross-examination
of prosecution witnesses, and the presentation of a viable defense to the most serious charges, sufficed to constitute "meaningful
representation" (People v Baldi, supra, at 147) when the record is viewed as a whole. We have considered the defendant's remaining contentions and find them to be either unpreserved for appellate review or without
merit.


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