AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL MARTINEZ, Appellant. (Appeal No. 2.)

Judgment unanimously affirmed. Memorandum: We reject defendant's contention that his pleas should be vacated on the ground that he was denied effective assistance of counsel because his attorney jointly represented three codefendants charged under one of the indictments. Defendant failed to demonstrate "that a significant possibility of a conflict of interest existed bearing a substantial relationship to the conduct of the defense" (People v Recupero, 73 N.Y.2d 877, 879; see also, People v McDonald, 68 N.Y.2d 1; People v Alicea, 61 N.Y.2d 23, 30, n; People v Gomberg, 38 N.Y.2d 307). Nothing in the record suggests that defendant decided to enter into the plea bargain agreement for any reason other than his own best interests. We further conclude that defendant's pleas were knowingly, voluntarily and intelligently made.

Finally, we reject defendant's contention that the court erred by summarily denying his motion to suppress contraband seized after defendant's arrest at his home pursuant to an arrest warrant. The evidence, consisting of cocaine and a handgun, was observed in plain view by the officers in the upstairs area of defendant's residence. We conclude that the officers were justified in entering that area to effectuate the arrest warrant because they had observed two men, who were believed to be additional subjects of the arrest warrant, enter defendant's residence. Additionally, the officers were justified in entering that area to conduct a limited protective sweep search because they possessed knowledge that there were other persons in the residence who might have posed a danger to those on the scene (see, People v Rivera, 172 A.D.2d 1059, lv denied 78 N.Y.2d 973; see also, Maryland v Buie, 494 U.S. 325). The officers thereafter secured a search warrant for the premises and seized the contraband upon execution of the warrant. Under the circumstances of this case, the officers' conduct was reasonable and proper (see, People v Febus, 157 A.D.2d 380, 384-385, lv granted 76 N.Y.2d 898, appeal dismissed 77 N.Y.2d 835).

Use AI to get other relevant cases.

Comments

PEOPLE v. MARTINEZ
(Nov 18, 1992)