15 Cited authorities

  1. People v. Benevento

    91 N.Y.2d 708 (N.Y. 1998)   Cited 3,673 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."
  2. People v. Caban

    5 N.Y.3d 143 (N.Y. 2005)   Cited 1,310 times
    Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth
  3. People v. Evans

    2011 N.Y. Slip Op. 2482 (N.Y. 2011)   Cited 321 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
  4. People v. Lopez

    2011 N.Y. Slip Op. 1316 (N.Y. 2011)   Cited 79 times   1 Legal Analyses
    Holding that police officer who questioned defendant in custody about an unrelated matter was required to make a reasonable inquiry concerning the defendant's representational status before commencing interrogation, where the circumstances, such as fact that bail had been set, indicated that there was a probable likelihood that an attorney had entered the custodial matter, and the accused was actually represented on the custodial charge
  5. People v. McKinnon

    2010 N.Y. Slip Op. 7251 (N.Y. 2010)   Cited 70 times
    Explaining that "serious" disfigurement would not rise to level of "severe" disfigurement, such that it need not be " ‘abhorrently distressing, highly objectionable, shocking or extremely unsightly’ to a reasonable person"
  6. Torres v. State

    688 N.W.2d 569 (Minn. 2004)   Cited 79 times
    Holding that defense counsel's closing statement was not a concession when counsel requested surrebuttal to clarify that no concession occurred
  7. People v. Stewart

    2011 N.Y. Slip Op. 8999 (N.Y. 2011)   Cited 34 times

    2011-12-15 The PEOPLE of the State of New York, Respondent, v. Wayne R. STEWART, Appellant. Anthony J. LaFache, Utica, for appellant. John H. Crandall, District Attorney, Herkimer (Jeffrey S. Carpenter and Jacquelyn M. Asnoe of counsel), for respondent. Chief Judge LIPPMAN and Judges CIPARICK Anthony J. LaFache, Utica, for appellant. John H. Crandall, District Attorney, Herkimer (Jeffrey S. Carpenter and Jacquelyn M. Asnoe of counsel), for respondent. OPINION OF THE COURT MEMORANDUM. The order of

  8. People v. Petrovich

    87 N.Y.2d 961 (N.Y. 1996)   Cited 55 times   3 Legal Analyses
    In Petrovich defendant's desire to charge the jury with only second-degree murder — and not manslaughter under EED — was "dispositive of a defendant's fate" (87 NY2d at 963).
  9. People v. Feliciano

    2011 N.Y. Slip Op. 3677 (N.Y. 2011)   Cited 28 times
    Observing that “appellate courts are uniquely suited to evaluate what [constitutes] meaningful [representation] in their own arena.”
  10. People v. Nimmons

    95 A.D.3d 1360 (N.Y. App. Div. 2012)   Cited 18 times   1 Legal Analyses
    Reducing second degree assault conviction where victim suffered a gunshot wound to the chest, despite emergency medical technician's testimony as to the potential life threatening consequences because “the EMT's testimony, along with the victim's medical records, which were not explained or amplified by the testimony of a health care provider, were legally insufficient to establish that the injury to this victim ‘create[d] a substantial risk of death’ ”