12 Cited authorities

  1. People v. Benevento

    91 N.Y.2d 708 (N.Y. 1998)   Cited 4,214 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 1,638 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. LaValle

    3 N.Y.3d 88 (N.Y. 2004)   Cited 176 times   4 Legal Analyses
    Invalidating mandatory requirement to instruct the jury that, in the case of jury deadlock as to the appropriate sentence in a capital case, the defendant would receive a sentence of life imprisonment with parole eligibility after serving a minimum of 20 to 25 years
  4. People v. Harris

    98 N.Y.2d 452 (N.Y. 2002)   Cited 148 times   1 Legal Analyses
    Describing defendant's murder of three persons in course of robbery
  5. People v. Wright

    2015 N.Y. Slip Op. 5621 (N.Y. 2015)   Cited 84 times   1 Legal Analyses
    Finding reversible error based on a prosecutor's closing argument that contradicted expert testimony and misrepresented the scientific import of the DNA evidence
  6. People v. Oathout

    2013 N.Y. Slip Op. 3122 (N.Y. 2013)   Cited 84 times   1 Legal Analyses

    2013-05-2 The PEOPLE of the State of New York, Respondent, v. Christopher OATHOUT, Appellant. Cheryl Coleman Law Offices, Albany (Cheryl Coleman of counsel), for appellant. P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), for respondent. PIGOTT Cheryl Coleman Law Offices, Albany (Cheryl Coleman of counsel), for appellant. P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), for respondent. OPINION OF THE COURT PIGOTT, J. [1] In People v. Rivera, 71 N.Y

  7. People v. Droz

    39 N.Y.2d 457 (N.Y. 1976)   Cited 196 times
    In People v. Droz, 39 N.Y.2d 457, 463, 384 N.Y.S.2d 404, 348 N.E.2d 880 (1976), the New York Court of Appeals vacated a conviction, stating that "we cannot say that the representation defendant received was adequate or effective in any meaningful sense of the word."
  8. People v. Pitts

    4 N.Y.3d 303 (N.Y. 2005)   Cited 41 times
    In People v. Pitts, 4 N.Y.3d 303, 795 N.Y.S.2d 151, 828 N.E.2d 67 (2005), the New York Court of Appeals addressed a similar issue that arose under New York's post-conviction DNA testing statute.
  9. People v. Bennett

    29 N.Y.2d 462 (N.Y. 1972)   Cited 111 times
    In Bennett, scrutiny was no longer focused upon the preventive action of the trial court (see, e.g., People v Tomaselli, 7 N.Y.2d 350, supra; see, also, People v. Lampkins, 21 N.Y.2d 138) but rather on defense counsel's failings in the general conduct of the defense.
  10. People v. Zaborski

    59 N.Y.2d 863 (N.Y. 1983)   Cited 61 times
    In People v. Zaborski, 59 N.Y.2d 863, 465 N.Y.S.2d 927, 452 N.E.2d 1255 (1983), counsel raised the defense of entrapment but never produced evidence to support it.