§Why CasetextPricing

The People, Respondent,v.Andrew Blake, Appellant.

Brief

16 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,786 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 5,975 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.

  4. 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

  5. People v. Rivera

    71 N.Y.2d 705 (N.Y. 1988)   Cited 1,831 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

  6. Carter v. Kentucky

    450 U.S. 288 (1981)   Cited 474 times   4 Legal Analyses
    Holding that a no-adverse-inference instruction is required under the Fifth Amendment if timely requested

  7. 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

  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. 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

  10. People v. Carncross

    2010 N.Y. Slip Op. 2435 (N.Y. 2010)   Cited 145 times
    Finding defendant's claim that the evidence was legally insufficient to prove that he acted with the requisite mens rea to be unpreserved because he failed to argue it with particularity in his motion at trial