§Why CasetextPricing

The People, Respondent,v.Christopher Oathout, Appellant.

Brief

29 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,894 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"

  2. 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."

  3. People v. Baldi

    54 N.Y.2d 137 (N.Y. 1981)   Cited 5,978 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.

  4. 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

  5. People v. Galloway

    54 N.Y.2d 396 (N.Y. 1981)   Cited 1,426 times
    Agreeing that reversal of a conviction "'is properly shunned when the [prosecutorial] misconduct has not substantially prejudiced a defendant's trial'"

  6. U.S. v. Newton

    369 F.3d 659 (2d Cir. 2004)   Cited 607 times   4 Legal Analyses
    Holding handcuffing while police searched for firearm thought to be on premises less intimidating and dangerous than holding suspect at gunpoint

  7. People v. Ashwal

    39 N.Y.2d 105 (N.Y. 1976)   Cited 1,144 times   2 Legal Analyses
    In Ashwal, the New York Court of Appeals cited Berger v. United States, 295 U.S. 78, 55 S. Ct. 629 (1935), to support the proposition that "[a]bove all [the prosecutor] should not seek to lead the jury away from the issues by drawing irrelevant and inflammatory conclusions which have a decided tendency to prejudice the jury against the defendant."

  8. People v. Flores

    84 N.Y.2d 184 (N.Y. 1994)   Cited 522 times   2 Legal Analyses
    Holding that "[t]he totality of representation examined as of the time of representation . . . supports elementary conclusion" that the defendant "was not denied his constitutional right to effective assistance of counsel" despite counsel's waiver, out of ignorance of the law, of a Rosario violation

  9. People v. Henry

    95 N.Y.2d 563 (N.Y. 2000)   Cited 410 times

    Argued November 15, 2000. Decided December 21, 2000. APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the Second Judicial Department, from an order of that Court, entered November 29, 1999, which (1) reversed, on the law, a judgment of the Supreme Court (Seymour Katz, J.), rendered in Queens County upon a verdict convicting defendant of robbery in the first degree and robbery in the second degree, and (2) ordered a new trial. Donna Aldea, for appellant. Todd A

  10. People v. Hobot

    84 N.Y.2d 1021 (N.Y. 1995)   Cited 363 times   1 Legal Analyses

    Argued November 30, 1994 Decided January 17, 1995 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Alan D. Marrus, J. Leighton M. Jackson, Brooklyn, for appellant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Ruth E. Ross, Jay M. Cohen and Roseann B. MacKechnie of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed. After a jury trial, defendant was convicted of two counts of rape in the first degree