People v. Garcia

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

After a trial by jury, defendant was convicted of murder in the second degree (Penal Law § 125.25). He argues on this appeal that he was denied effective assistance of counsel because his counsel did not challenge the warrantless arrest, notwithstanding that the arrest was not premised on probable cause and was made in his place of residence absent exigent circumstances.

To prevail on a claim of ineffective assistance of counsel, a defendant must demonstrate the absence of strategic or other legitimate…