People v. Fuggazzatto
62 N.Y.2d 862 (N.Y. 1984) Cited 140 times 1 Legal AnalysesIn People v. Fuggazzatto (62 N.Y.2d 862), two indictments were filed simultaneously and were therefore subject to identical time periods for the People to announce their readiness for trial under CPL 30.30.
People v. Woods
9 A.D.3d 293 (N.Y. App. Div. 2004) Cited 10 timesFinding that admission of robbery accomplice's plea allocution into evidence, following accomplice's refusal to testify on constitutional grounds, violated defendant's Sixth Amendment confrontation rights because plea allocutions are among the core testimonial statements that the Confrontation Clause plainly meant to exclude
Henry v. Scully
78 F.3d 51 (2d Cir. 1996) Cited 18 times 2 Legal AnalysesHolding that counsel's failure to object "could not have been part of any meaningful defense strategy of which we can conceive," and "counsel should have" requested a missing witness charge "because there was no downside to doing so and there was a potential benefit to be gained"
People v. Kyser
26 A.D.3d 839 (N.Y. App. Div. 2006) Cited 8 times 2 Legal AnalysesKA 04-02747. February 3, 2006. Appeal from a judgment of the Supreme Court, Erie County (Ronald H. Tills, A.J.), rendered September 3, 2004. The judgment convicted defendant, upon a jury verdict, of criminal possession of a controlled substance in the second degree. JAMES A. MULLENHOFF, BUFFALO, FOR DEFENDANT-APPELLANT. FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (PAUL J. WILLIAMS, III, OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Present: Pigott, Jr., P.J., Martoche, Smith, Pine and Hayes, JJ. It is hereby
Henry v. Scully
918 F. Supp. 693 (S.D.N.Y. 1995) Cited 17 timesFinding that counsel's decision to not object must be examined as to whether it was within the constitutional boundaries of reasonable competence, where counsel was deceased and could not testify as to his reasons for not objecting