Decided On : 3/31/2016
AD1 order dated June 5, 2014, affirming judgment of conviction. Decision below: 118 AD3d 448, 987 NYS2d 364. Rivera, J., granted leave September 25, 2014. Argued February 11, 2016.
ISSUE PRESENTED: Where defense counsel unjustifiably failed to request a suppression hearing, whether: (a) the merits of the suppression issue were “close” enough after People v. Clermont, 22 NY3d 931 (2013) to warrant a hearing, where police pursued defendant despite only having a generic description of a “black male” in a jacket and where defendant fled from individuals he did not know were police officers, and (b) the reviewing court erred in limiting its assessment of prejudice to the potential outcome of the suppression hearing. (Assigned counsel: Rachel T. Goldberg & Robert S. Dean, Center for Appellate Litigation, 120 Wall Street, 28th Floor, NYC 10005.)