9 Cited authorities

People v. Stultz
2 N.Y.3d 277 (N.Y. 2004) Cited 3,228 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"
People v. Benevento
91 N.Y.2d 708 (N.Y. 1998) Cited 4,212 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."
People v. Steinberg
79 N.Y.2d 673 (N.Y. 1992) Cited 351 times
Holding that "jury could have inferred from the evidence that defendant’s objective in assaulting Lisa and failing to summon medical assistance was to cause serious physical injury"
People v. Acosta
80 N.Y.2d 665 (N.Y. 1993) Cited 197 times
Explaining that New York’s attempt statute is "more stringent" than the " ‘substantial step’ test ... adopted by [the Second Circuit]"
People v. Butts
72 N.Y.2d 746 (N.Y. 1988) Cited 173 times 1 Legal Analyses
Argued November 18, 1988 Decided December 20, 1988 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Herman Cahn, J. Martha Krisel and Philip L. Weinstein for appellant. Robert M. Morgenthau, District Attorney (Paul Schectman and Mark Dwyer of counsel), for respondent. HANCOCK, JR., J. The dispositive question in this appeal is whether the evidence at trial reasonably supported defendant's request for a jury charge on the affirmative defense of entrapment.
People v. La Belle
18 N.Y.2d 405 (N.Y. 1966) Cited 215 times
Reversing a conviction where the redaction of the defendant's statement distorted the meaning of the statement and seriously prejudiced the defendant
People v. Lipsky
57 N.Y.2d 560 (N.Y. 1982) Cited 110 times 1 Legal Analyses
Interpreting language in New York statute, removed from Minnesota statute in 1981, requiring "direct proof" of victim's death
People v. Borrero
26 N.Y.2d 430 (N.Y. 1970) Cited 123 times
In Borrero, a police detective observed the defendant prying on the window vent of a parked automobile with a screwdriver, apparently trying to shear off the vent lock so as to obtain entry to the vehicle.
People v. Rizzo
246 N.Y. 334 (N.Y. 1927) Cited 81 times
In Rizzo, four co-conspirators formed the intent to rob a man named Charles Rao, whom they believed was going to withdraw a substantial sum of money from a bank in New York City.

The People, Respondent,v.Demetrius McGee, Appellant.

9 Cited authorities

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"

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."

Holding that "jury could have inferred from the evidence that defendant’s objective in assaulting Lisa and failing to summon medical assistance was to cause serious physical injury"

Explaining that New York’s attempt statute is "more stringent" than the " ‘substantial step’ test ... adopted by [the Second Circuit]"

Reversing a conviction where the redaction of the defendant's statement distorted the meaning of the statement and seriously prejudiced the defendant

Interpreting language in New York statute, removed from Minnesota statute in 1981, requiring "direct proof" of victim's death

In Borrero, a police detective observed the defendant prying on the window vent of a parked automobile with a screwdriver, apparently trying to shear off the vent lock so as to obtain entry to the vehicle.

In Rizzo, four co-conspirators formed the intent to rob a man named Charles Rao, whom they believed was going to withdraw a substantial sum of money from a bank in New York City.