PEOPLE v. HAYNES (2006)

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

The PEOPLE, etc., respondent, v. Thomas HAYNES, appellant.

Decided: August 01, 2006

ANITA R. FLORIO, J.P., STEPHEN G. CRANE, DAVID S. RITTER, and STEVEN W. FISHER, JJ.

Steven Banks, New York, N.Y. (William B. Carney of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, Benjamin Mintz, and Steven R. Wirth of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered May 6, 2003, convicting him of robbery in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he was not denied the effective assistance of counsel. Viewing the record as a whole, the defendant received meaningful representation (see People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400).

Further, the hearing court properly denied that branch of the defendant's omnibus motion which was to suppress certain physical evidence for the reasons stated on the co-defendant's appeal (see People v. Haynes, 16 A.D.3d 434, 790 N.Y.S.2d 542).

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