81 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 135,516 times   173 Legal Analyses
    Holding that prejudice for IAC claims requires showing "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different"
  2. Yarborough v. Gentry

    540 U.S. 1 (2003)   Cited 2,785 times   4 Legal Analyses
    Holding reasonably competent tactical decisions made by trial counsel are not ineffective assistance of counsel
  3. People v. Benevento

    91 N.Y.2d 708 (N.Y. 1998)   Cited 3,673 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."
  4. People v. Baldi

    54 N.Y.2d 137 (N.Y. 1981)   Cited 5,476 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. 54 N.Y.2d at 146.
  5. People v. Hawkins

    2008 N.Y. Slip Op. 9254 (N.Y. 2008)   Cited 1,551 times   1 Legal Analyses
    Holding that to preserve for appellate review a challenge to the legal sufficiency of evidence to support a conviction, a defendant must move for a trial order of dismissal, and the argument must be "specifically directed" at the error being argued
  6. People v. Crimmins

    36 N.Y.2d 230 (N.Y. 1975)   Cited 5,137 times   5 Legal Analyses
    Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"
  7. People v. Rivera

    71 N.Y.2d 705 (N.Y. 1988)   Cited 1,612 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
  8. People v. Turner

    2005 N.Y. Slip Op. 8766 (N.Y. 2005)   Cited 472 times   5 Legal Analyses
    Finding appellate counsel ineffective for not raising ineffectiveness of trial counsel on appeal
  9. People v. Satterfield

    66 N.Y.2d 796 (N.Y. 1985)   Cited 883 times
    Noting that C.P.L. 440.30 contemplates that a court will first determine whether or not a C.P.L. 440.10 motion can be decided without a hearing
  10. People v. Evans

    2011 N.Y. Slip Op. 2482 (N.Y. 2011)   Cited 321 times
    Holding that it may be a reasonable strategy for a defense attorney not to seek dismissal of a time-barred lesser charge in order to provide the jury the opportunity to render a compromise verdict where there was a multiple-count indictment