Legal Opinion

People v. Miller

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 1992Published

1Opinion of the Court

*931defendant wanted different counsel. Because we conclude that defendant was fully apprised of the conflict and knowingly chose to have defense counsel continue to represent him, he was not denied effective assistance of counsel (cf., People v Wandell, supra, at 952).

The record supports the suppression court’s finding that defendant failed to demonstrate at the Alfinito hearing (see, People v Alfinito, 16 NY2d 181) that the warrant application was knowingly false or made in reckless disregard of the truth (see, People v Tambe, 71 NY2d 492, 504). Although the court’s unrecorded inquiry of the…

2Cases cited8 opinions

  1. People v. BigelowNew York Court of Appeals · 1985
  2. People v. AlfinitoNew York Court of Appeals · 1965
  3. People v. ScottNew York Court of Appeals · 1992
  4. People v. TambeNew York Court of Appeals · 1988
  5. People v. TaylorNew York Court of Appeals · 1989

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