People v. Longshore
| Decision Date | 28 December 1995 |
| Citation | 222 A.D.2d 941,636 N.Y.S.2d 425 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Thomas LONGSHORE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
John A. Cirando, Syracuse, for appellant.
Richard V. Manning, District Attorney (Donald S. Thomson, of counsel), Canton, for respondent.
Before CARDONA, P.J., and MERCURE, CREW, WHITE and PETERS, JJ.
Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered February 22, 1994, convicting defendant upon his plea of guilty of the crimes of criminal sale of marihuana in the fourth degree and growing a plant known as cannabis by unlicensed persons.
In August 1993, a Grand Jury returned an indictment charging defendant with two counts of criminal sale of marihuana in the fourth degree for allegedly selling marihuana pursuant to controlled buys at defendant's residence by confidential police informants on May 13, 1993 and May 17, 1993. Defendant was also charged with criminal possession of marihuana in the second degree and growing a plant known as cannabis by unlicensed persons resulting from evidence seized by law enforcement personnel at defendant's home pursuant to a search warrant on May 18, 1993. Approximately 19 items were seized as a result of this search consisting of bags of marihuana, numerous marihuana plants and seeds, drug paraphernalia, and books and equipment used in the growing of marihuana. Defendant ultimately pleaded guilty to criminal sale of marihuana in the fourth degree and unlicensed growing of cannabis in full satisfaction of the indictment. Defendant appeals.
Initially, we reject defendant's claim that he was denied the effective assistance of counsel by reason of defense counsel's failure to move to suppress the items seized pursuant to the warrant (see, People v. Monroe, 206 A.D.2d 563, 615 N.Y.S.2d 1010). The fact that defense counsel did not request a suppression hearing "does not, by itself, establish ineffective assistance of counsel" (People v. Pray, 199 A.D.2d 646, 647, 604 N.Y.S.2d 985, lv. denied, 83 N.Y.2d 809, 611 N.Y.S.2d 145, 633 N.E.2d 500). Defense counsel negotiated an advantageous plea bargain to two misdemeanor counts (see, People v. Hayes, 194 A.D.2d 998, 599 N.Y.S.2d 679) and, on this record, defendant does not demonstrate the " 'absence of strategic or other legitimate explanations for counsel's failure to request a particular hearing' " (People v. Pray, supra, at 647, 604 N.Y.S.2d 985, quoting People v. Rivera, 71 N.Y.2d 705, 709, 530 N.Y.S.2d 52, 525 N.E.2d 698).
Furthermore, our review indicates that defendant's challenges to the sufficiency of the search warrant application are without merit. We find no reason to criticize defense counsel for failing to pursue a potentially futile endeavor (see, People v. Monroe, supra, at 563, 615...
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...potentially futile endeavor (see, People v. Vecchio, 228 A.D.2d 820, 644 N.Y.S.2d 352 [decided herewith], citing People v. Longshore, 222 A.D.2d 941, 942, 636 N.Y.S.2d 425, 426). At sentencing, defendant made a conclusory allegation that the confession was coerced, but defendant was present......
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...We disagree, for counsel should not be criticized for failing to pursue a potentially futile endeavor (see, People v. Longshore, 222 A.D.2d 941, 942, 636 N.Y.S.2d 425, 426; see also, People v. Allen, 193 A.D.2d 609, 610, 597 N.Y.S.2d 169, lv. denied 82 N.Y.2d 713, 602 N.Y.S.2d 810, 622 N.E.......
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...decision not to request a suppression hearing does not, standing alone, demonstrate ineffective assistance of counsel (see, People v Longshore, 222 A.D.2d 941, 942, lv denied 88 N.Y.2d 850), particularly in the absence of a complete record containing all of the facts relevant to counsel's d......