| People v Thomas |
| 2010 NY Slip Op 09809 [79 AD3d 1809] |
| December 30, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Juri P.Thomas, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Sarah E. Ryan of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Michael L. D'Amico, J.), renderedFebruary 17, 2009. The judgment convicted defendant, upon a jury verdict, of criminalpossession of a controlled substance in the fourth degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict ofcriminal possession of a controlled substance in the fourth degree (Penal Law § 220.09[1]). We reject the contention of defendant that he was denied effective assistance of counselbased on defense counsel's failure to move to suppress physical evidence. "Defendant has notshown that a suppression motion, if made, would have been successful and thus has failed toestablish that defense counsel was ineffective in failing to make such a motion" (People v Borcyk, 60 AD3d 1489,1490 [2009], lv denied 12 NY3d 923 [2009]). We further conclude that the sentence isnot unduly harsh or severe. Present—Centra, J.P., Peradotto, Carni and Sconiers, JJ.