Opinion
February 2, 1990
Appeal from the Supreme Court, Erie County, Kasler, J.
Present — Callahan, J.P., Denman, Boomer, Balio and Lowery, JJ.
Order unanimously reversed on the law, motion granted, judgment vacated and matter remitted to Supreme Court, Erie County, for a new trial. Memorandum: On this appeal, defendant asserts that he was deprived of his constitutional right to effective assistance of counsel. Specifically, he contends that trial counsel failed to conduct pretrial discovery; failed to make pretrial motions for Wade and Sandoval hearings; failed to explore the possibility of a plea bargain, particularly in view of the fact that he faced sentencing as a persistent felony offender; failed to conduct an investigation prior to trial, including contacting an alibi witness and serving an alibi notice; failed to prepare witnesses for trial adequately; called a witness to testify regarding defendant's handwriting, but failed to qualify that witness as an expert; failed to make a serious effort to show that the signature on the forged credit card slip was not that of the defendant; and failed to raise appropriate objection during cross-examination of defendant and during the People's summation.
The Special Prosecutor concedes that defendant's trial counsel failed to provide meaningful representation and that counsel's shortcomings deprived defendant of a fair trial. We agree that trial counsel's representation of defendant, considered in its totality, was not meaningful (see, People v Satterfield, 66 N.Y.2d 796; People v Baldi, 54 N.Y.2d 137). Accordingly, we reverse the order denying defendant's CPL 440.10 motion, grant that motion, vacate the judgment, and remit this matter for a new trial.