81 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 158,739 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"
Yarborough v. Gentry
540 U.S. 1 (2003) Cited 3,425 times 4 Legal Analyses
Holding that counsel was not ineffective when his closing argument made "several key points," even if he omitted others that "would unquestionably have supported the defense"
People v. Benevento
91 N.Y.2d 708 (N.Y. 1998) Cited 4,214 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. Hawkins
2008 N.Y. Slip Op. 9254 (N.Y. 2008) Cited 1,877 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
People v. Baldi
54 N.Y.2d 137 (N.Y. 1981) Cited 5,975 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. Crimmins
36 N.Y.2d 230 (N.Y. 1975) Cited 5,685 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"
People v. Rivera
71 N.Y.2d 705 (N.Y. 1988) Cited 1,829 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. Evans
2011 N.Y. Slip Op. 2482 (N.Y. 2011) Cited 474 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
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
People v. Satterfield
66 N.Y.2d 796 (N.Y. 1985) Cited 923 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

The People, Respondent,v.Anthony V. Pavone, Appellant.

81 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 counsel was not ineffective when his closing argument made "several key points," even if he omitted others that "would unquestionably have supported the defense"

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."

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

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

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"

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

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

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

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