§Why CasetextPricing

The People, Respondent,v.Mark Boyd, Appellant.

Brief

19 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,509 times   176 Legal Analyses
    Holding an "error by counsel" doesn't "warrant setting aside the judgment of a criminal proceeding" where in the context of the whole proceeding the identified error "had no effect on the judgment"

  2. 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."

  3. People v. D'Alessandro

    184 A.D.2d 114 (N.Y. App. Div. 1992)   Cited 805 times

    December 22, 1992 Appeal from the Supreme Court, New York County, Jerome Hornblass, J. James M. McGuire of counsel (Hilary Hassler and Beth J. Thomas with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant. Salvatore S. Russo, attorney, for respondent. MILONAS, J.P. Defendant was found guilty, following a jury trial, of kidnapping in the first degree, coercion in the first degree, assault in the second degree, attempted robbery in the first degree and attempted grand

  4. People v. Mahboubian

    74 N.Y.2d 174 (N.Y. 1989)   Cited 556 times   2 Legal Analyses
    Finding prejudice where defendants's defenses "were not only antagonistic but also mutually exclusive and irreconcilable" and "[t]he jury could not have credited both defenses"

  5. People v. Love

    57 N.Y.2d 998 (N.Y. 1982)   Cited 627 times
    Holding that where the ineffectiveness claim involves matters outside the record, the court "cannot conclude that defendant's counsel was ineffective simply by reviewing the trial record without the benefit of additional background facts that might have been developed had an appropriate after-judgment motion been made pursuant to CPL 440.10"

  6. People v. McDaniel

    81 N.Y.2d 10 (N.Y. 1993)   Cited 362 times   2 Legal Analyses
    Holding that evidence of a prompt outcry can be admitted but that "only the fact of a complaint, not its accompanying details, may be elicited"

  7. People v. Duncan

    46 N.Y.2d 74 (N.Y. 1978)   Cited 279 times
    Stating that prior inconsistent statement "bears only upon the credibility of the witness"

  8. 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

  9. People v. Williams

    56 N.Y.2d 236 (N.Y. 1982)   Cited 168 times
    Ordering a new trial because the trial judge did not "engage in any exercise of its discretionary power to weigh the various relevant factors"

  10. People v. Extale

    2012 N.Y. Slip Op. 2247 (N.Y. 2012)   Cited 36 times
    Rejecting claim that prosecutor can “choose not to proceed with” a charged count