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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
V

UNPUBLISHED November 28, 2006

DERRICK DESHAWN CUMMINGS, Defendant-Appellant.

No. 263182 Wayne Circuit Court LC No. 05-001840-01

Before: White, P.J., and Zahra and Kelly, JJ. PER CURIAM. Defendant was convicted, following a bench trial, of armed robbery, MCL 750.529, and was sentenced to five to twenty years' imprisonment. Defendant filed a postjudgment motion for a new trial on the ground that he was denied effective assistance of trial counsel. The trial court held a Ginther1 hearing, concluded that defense counsel was not ineffective, and denied the motion. Defendant appeals as of right, challenging only the trial court's determination that defense counsel was not constitutionally defective. We affirm. This case arose from an armed robbery that took place at a laundry facility in Detroit, on December 24, 2004. After defendant was arrested in connection with that crime, he admitted to a police officer that he had acted as a lookout for the perpetrators. Defendant asserts that his trial attorney was ineffective because he made no effort to suppress, or otherwise challenge, that confession. The United States and Michigan Constitutions guarantee a criminal defendant the right to the assistance of counsel. US Const, Ams VI and XIV; Const 1963, art 1,

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