§Why CasetextPricing

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

Brief

59 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,807 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. Brecht v. Abrahamson

    507 U.S. 619 (1993)   Cited 11,814 times   30 Legal Analyses
    Holding that when a court has "never squarely addressed the issue, and ha at most assumed" something in a prior decision, it is "free to address the issue on the merits"

  3. Doyle v. Ohio

    426 U.S. 610 (1976)   Cited 4,437 times   17 Legal Analyses
    Holding that the prosecution may not use a defendant's silence against him after he has received government assurances

  4. Patterson v. New York

    432 U.S. 197 (1977)   Cited 2,356 times   5 Legal Analyses
    Holding that due process does not create “a constitutional imperative, operative countrywide, that a State must disprove beyond a reasonable doubt every fact constituting any and all affirmative defenses related to the culpability of an accused.”

  5. 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"

  6. 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.

  7. People v. Crimmins

    36 N.Y.2d 230 (N.Y. 1975)   Cited 5,688 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"

  8. Wainwright v. Greenfield

    474 U.S. 284 (1986)   Cited 703 times   4 Legal Analyses
    Holding that the use of defendant's silence was fundamentally unfair and warranted a new trial

  9. 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

  10. 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