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PEOPLE v. GRAY

No. 32

27 N.Y.3d 78 (2016)

49 N.E.3d 1180

29 N.Y.S.3d 888

2016 NY Slip Op 02476

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROY GRAY, Appellant.

Court of Appeals of New York.

Decided March 31, 2016.

Attorney(s) appearing for the Case

Richard M. Greenberg, Office of the Appellate Defender, New York City (Sara Gurwitch of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Justin J. Braun, Joseph N. Ferdenzi and Stanley R. Kaplan of counsel), for respondent.

Chief Judge DIFIORE and Judges PIGOTT, RIVERA and GARCIA concur; Judge STEIN dissents in an opinion in which Judge FAHEY concurs.

OPINION OF THE COURT

Under the circumstances of this case, we hold that defendant's attorney did not deprive him of the effective assistance of counsel by declining to move to reopen the suppression hearing.

At the suppression hearing preceding defendant's murder...

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