People v. Morris
| Decision Date | 05 February 1985 |
| Citation | 64 N.Y.2d 803,476 N.E.2d 319,486 N.Y.S.2d 920 |
| Parties | , 476 N.E.2d 319 The PEOPLE of the State of New York, Respondent, v. Vernon MORRIS, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed (see, 100 A.D.2d 630, 473 N.Y.S.2d 595).
We agree with the majority at the Appellate Division that viewing the totality of the circumstances defendant was not deprived of his constitutional right to effecti assistance of counsel under the standards adopted by this court (see, People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400; People v. Aiken, 45 N.Y.2d 394, 408 N.Y.S.2d 444, 380 N.E.2d 272; People v. Droz, 39 N.Y.2d 457, 384 N.Y.S.2d 404, 348 N.E.2d 880). We would but add that defense counsel's alleged prejudicial concession in summation that the physical lineup which he had attended was fair, was made in the context of his argument to the jury that the identification made at the lineup was nonetheless unreliable because tainted by prior impermissibly suggestive photo identification proceedings.
Order affirmed in a memorandum.
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... ... Montana, 71 N.Y.2d 705, 530 N.Y.S.2d 52, 525 N.E.2d 698; People v. Strempack, 71 N.Y.2d 1015, 530 N.Y.S.2d 100, 525 N.E.2d 746; People v. Crevelle, 122 A.D.2d 153, 504 N.Y.S.2d ... 533, lv. denied 68 N.Y.2d 811, 507 N.Y.S.2d 1028, 499 N.E.2d 877; People v. Morris, 100 A.D.2d 630, 473 N.Y.S.2d 595, affd. 64 N.Y.2d 803, 486 N.Y.S.2d 920, 476 N.E.2d 319; People v. Eddy, 95 A.D.2d 956, 464 N.Y.S.2d 571; People v. Shannon, 92 A.D.2d 554, 555, 459 N.Y.S.2d 127). However, once the defendant herein was properly granted a suppression hearing, he "bec* * * ... ...
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...People v. Robinson, 133 A.D.2d 473, 474, 519 N.Y.S.2d 571; People v. Morris, 100 A.D.2d 630, 473 N.Y.S.2d 595, aff'd 64 N.Y.2d 803, 486 N.Y.S.2d 920, 476 N.E.2d 319). Moreover, defense counsel's assistance was not constitutionally ineffective merely because some of his strategic choices tur......
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