32 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 158,859 times 176 Legal Analyses
Holding an "error by counsel" doesn't "warrant setting aside the judgment of a criminal proceeding" where in the context of the whole proceeding the identified error "had no effect on the judgment"
People v. Bleakley
69 N.Y.2d 490 (N.Y. 1987) Cited 11,303 times 3 Legal Analyses
Holding that the Appellate Division committed reversible error when it "avoid[ed] its exclusive statutory authority to review the weight of the evidence in criminal cases"
People v. Stultz
2 N.Y.3d 277 (N.Y. 2004) Cited 3,233 times 2 Legal Analyses
Holding "a defendant's showing of prejudice [to be] a significant but not indispensable element in assessing meaningful representation," focusing instead on "the fairness of the proceedings as a whole"
People v. Benevento
91 N.Y.2d 708 (N.Y. 1998) Cited 4,215 times 2 Legal Analyses
In People v Benevento, 91 NY2d 708, 713-14 (1998), the New York Court of Appeals held that "meaningful representation" included a prejudice component which focuses on the "fairness of the process as a whole rather than [any] particular impact on the outcome of the case."
People v. Baldi
54 N.Y.2d 137 (N.Y. 1981) Cited 5,976 times 6 Legal Analyses
In Baldi, the New York State Court of Appeals expressly applied the right to effective assistance of counsel guaranteed by the federal Constitution.
People v. Caban
5 N.Y.3d 143 (N.Y. 2005) Cited 1,639 times
Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth
People v. Rivera
71 N.Y.2d 705 (N.Y. 1988) Cited 1,832 times
Holding petitioner who failed to show "the absence of strategic or other legitimate explanations" for counsels' alleged shortcoming did not have viable claim to constitutionally ineffective counsel
People v. Ford
86 N.Y.2d 397 (N.Y. 1995) Cited 1,246 times 3 Legal Analyses
In Ford, the court held that due process requires that the record must be clear that the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant.
People v. Peque
2013 N.Y. Slip Op. 7651 (N.Y. 2013) Cited 626 times
Holding that New York trial courts must inform the defendant of the immigration consequences of pleading guilty to a felony and that a failure to do so could provide a basis for withdrawing or vacating the guilty plea
People v. Turner
2005 N.Y. Slip Op. 8766 (N.Y. 2005) Cited 523 times 5 Legal Analyses
Finding appellate counsel ineffective for not raising ineffectiveness of trial counsel on appeal

The People, Respondent,v.Anthony Parson, Jr., Appellant.

32 Cited authorities

Holding an "error by counsel" doesn't "warrant setting aside the judgment of a criminal proceeding" where in the context of the whole proceeding the identified error "had no effect on the judgment"

Holding that the Appellate Division committed reversible error when it "avoid[ed] its exclusive statutory authority to review the weight of the evidence in criminal cases"

Holding "a defendant's showing of prejudice [to be] a significant but not indispensable element in assessing meaningful representation," focusing instead on "the fairness of the proceedings as a whole"

In People v Benevento, 91 NY2d 708, 713-14 (1998), the New York Court of Appeals held that "meaningful representation" included a prejudice component which focuses on the "fairness of the process as a whole rather than [any] particular impact on the outcome of the case."

In Baldi, the New York State Court of Appeals expressly applied the right to effective assistance of counsel guaranteed by the federal Constitution.

Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth

Holding petitioner who failed to show "the absence of strategic or other legitimate explanations" for counsels' alleged shortcoming did not have viable claim to constitutionally ineffective counsel

In Ford, the court held that due process requires that the record must be clear that the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant.

Holding that New York trial courts must inform the defendant of the immigration consequences of pleading guilty to a felony and that a failure to do so could provide a basis for withdrawing or vacating the guilty plea

Finding appellate counsel ineffective for not raising ineffectiveness of trial counsel on appeal