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PEOPLE v. KINDELL

16111, 2249/11

135 A.D.3d 423 (2016)

23 N.Y.S.3d 65

2016 NY Slip Op 00027

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE KINDELL, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 7, 2016.

The existing, unexpanded record is sufficient to establish that defendant received ineffective assistance when his trial counsel failed to move to reopen the suppression hearing based on trial testimony. The court denied suppression of a tool bag and the burglar's tools it contained, based on the suppression

[135 A.D.3d 424]
hearing testimony of two officers that the bag was open at defendant's feet and the tools were in plain view when the building...

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