New Mexico v. Crocco
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Defendant Gregg Crocco appealed his conviction for aggravated driving while under the influence of alcohol (aggravated DWI), claiming that his previous attorney provided ineffective assistance of counsel by failing to file a motion to suppress evidence resulting from a warrantless police entry into the house of an absent third party, which Defendant had entered shortly before his arrest. Upon review of the particular facts of this case, the Supreme Court denied Defendant’s claim because the record failed to establish a prima facie showing that the police entry into another person’s house violated Defendant’s own reasonable expectation of privacy.
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