Legal Opinion · Dissent
People v. Garcia
Appellate Division of the Supreme Court of the State of New York
Decided August 31, 1989Published
1DissentSmith, J.
I believe that counsel was ineffective in his failure to move to suppress defendant’s statements, made after an illegal arrest. (Brown v Illinois, 442 US 590 [1975]; Dunaway v New York, 442 US 200 [1979]; Payton v New York, 445 US 573 [1980].) I would, therefore, continue to hold in abeyance the March 11, 1985 judgment of conviction for murder, and remand for a suppression hearing to determine whether there was probable cause for the defendant’s arrest and whether his statements should be suppressed.
The defendant was convicted for the July 18, 1984 shooting death of Wilson Cabrera. Based upon…
2Cases cited12 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Payton v. New YorkSupreme Court of the United States · 1980
- People v. BaldiNew York Court of Appeals · 1981
- Brown v. IllinoisSupreme Court of the United States · 1975
- Dunaway v. New YorkSupreme Court of the United States · 1979
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