14 Cited authorities

  1. 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"
  2. 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.
  3. 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
  4. People v. Catu

    4 N.Y.3d 242 (N.Y. 2005)   Cited 507 times   7 Legal Analyses
    Vacating guilty plea when defendant not told of PRS because PRS is a "definite, immediate and largely automatic" direct consequence of sentence
  5. People v. Satterfield

    66 N.Y.2d 796 (N.Y. 1985)   Cited 924 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
  6. 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
  7. 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

  8. People v Borrell

    2009 N.Y. Slip Op. 3589 (N.Y. 2009)   Cited 48 times   2 Legal Analyses
    Holding that appellate counsel's failure to raise a particular sentencing issue did not deprive defendant of his constitutional right to effective appellate representation, where the argument not made by counsel was not so clear-cut that it should have been apparent to any reasonable appellate counsel and where defendant failed to demonstrate the absence of any strategic or other legitimate explanations not to brief it
  9. People v. Feliciano

    2011 N.Y. Slip Op. 3677 (N.Y. 2011)   Cited 40 times
    Observing that “appellate courts are uniquely suited to evaluate what [constitutes] meaningful [representation] in their own arena.”
  10. People v. Morales

    58 N.Y.2d 1008 (N.Y. 1983)   Cited 58 times

    Argued February 10, 1983 Decided March 22, 1983 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, AARON GOLDSTEIN, J. David Segal for appellant. Elizabeth Holtzman, District Attorney ( Debra W. Petrover and Barbara D. Underwood of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed. Because defendant failed to submit an affidavit from the attorney who represented him at plea and sentence or offer an explanation of his