PEOPLE v. HANSON (1998)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Jeffrey HANSON, Defendant-Appellant.

Decided: December 08, 1998

MILONAS, J.P., NARDELLI, WILLIAMS, TOM, ANDRIAS, JJ.

Susan Axelrod, for respondent. John R. Lewis, for defendant-appellant.

Judgment, Supreme Court, New York County (Micki Scherer, J.) rendered December 17, 1996, convicting defendant, after a nonjury trial, of criminal possession of a weapon in the third degree, and, sentencing him, as a second violent felony offender, to a determinate term of 5 years, unanimously affirmed.

With defendant's consent, the court properly conducted a combined suppression hearing and nonjury trial (People v. Yousef, 236 A.D.2d 868, 654 N.Y.S.2d 82, lv. denied 90 N.Y.2d 866, 661 N.Y.S.2d 193, 683 N.E.2d 1067). Counsel's consent to the procedure employed by the court did not deprive him of effective assistance of counsel. On the existing record, which defendant has not sought to expand by means of a CPL 440 motion in order to explore counsel's strategy (see, People v. Rivera, 71 N.Y.2d 705, 709, 530 N.Y.S.2d 52, 525 N.E.2d 698), we find that counsel pursued a strategy that was reasonable under the circumstances.

MEMORANDUM DECISION.

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