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People v. Lynn

Appellate Division of the Supreme Court of New York, First Department
Jun 25, 1998
251 A.D.2d 250 (N.Y. App. Div. 1998)

Opinion

June 25, 1998

Appeal from the Supreme Court, Bronx County (John Collins, J.).


The existing record, which defendant has not sought to amplify by way of a CPL 440.10 motion whereby counsel's strategic decisions could have been explored (see, People v. Love, 57 N.Y.2d 998), fails to support defendant's claim of ineffective assistance. Counsel made appropriate pre-trial and trial motions and applications, vigorously cross-examined the People's witnesses, and delivered a cogent summation. Defendant has not demonstrated that he was deprived of effective assistance by counsel's failure to seek a reopened suppression hearing based on the People's disclosure at the start of trial, since defendant has not shown that the hearing would have been reopened, or that a reopened hearing would have resulted in suppression of any evidence. Likewise, defendant has not shown that counsel's purported omissions with respect to cross-examination of one of the identifying witnesses, and introduction of documentary evidence affected the outcome of the trial (see, People v. Hobot, 84 N.Y.2d 1021, 1024).

Concur — Sullivan, J. P., Ellerin, Williams, Tom and Mazzarelli, JJ.


Summaries of

People v. Lynn

Appellate Division of the Supreme Court of New York, First Department
Jun 25, 1998
251 A.D.2d 250 (N.Y. App. Div. 1998)
Case details for

People v. Lynn

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARNOLD LYNN, Appellant

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

Date published: Jun 25, 1998

Citations

251 A.D.2d 250 (N.Y. App. Div. 1998)
673 N.Y.S.2d 913

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