Reseña de People State New York v. James Bennett

People State New York v. James Bennett de Supreme Court of New York Resumen del Libro

In failing to make the appropriate CPL 440.10 motion to vacate the judgment on the ground now alleged, ineffective assistance
of trial counsel, defendant denies this court the opportunity to consider additional background facts which might have been
developed (People v Satterfield, 66 N.Y.2d 796, 799). In any event, his arguments on appeal are insufficient to demonstrate
that he was deprived of "meaningful representation" (People v Baldi, 54 N.Y.2d 137, 147). The claim that he was denied his Sixth Amendment right to counsel because of counsel's hearing impairment, without any factual
showing in support of this claim, is rejected. After the court took notice of the impairment, it had an amplifying system
installed and counsel indicated that he had no further hearing problem. Further, it cannot be said that counsel's failure
to request a Wade hearing constituted ineffective assistance of counsel, since there is no reason to assume that counsel had
any legal basis to support a motion to suppress testimony about the lineup identification.

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