The People, etc., respondent, v. Jose Garcia, appellant. (2010)

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

The People, etc., respondent, v. Jose Garcia, appellant.

2006-02098 (Ind.No. 473 /04)

Decided: February 02, 2010

REINALDO E. RIVERA, J.P. JOHN M. LEVENTHAL L. PRISCILLA HALL SANDRA L. SGROI, JJ.

Bark & Karpf, Brooklyn, N.Y. (Peter Bark of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.

Argued-January 8, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ingram, J.), rendered January 27, 2006, convicting him of murder 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 his statements to law enforcement officials.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he was not deprived of the effective assistance of counsel (see Strickland v. Washington, 466 U.S. 668, 687; People v. Taylor, 1 NY3d 174, 176).

The defendant's contention that the Supreme Court failed to comply with CPL 710.40(3) does not require reversal (cf. People v. Blowe, 130 A.D.2d 668, 669-670).

The defendant's remaining contention is without merit.

RIVERA, J.P., LEVENTHAL, HALL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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