19 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 131,239 times   173 Legal Analyses
    Holding that we are obligated "to evaluate the conduct from counsel's perspective at the time"
  2. People v. Benevento

    91 N.Y.2d 708 (N.Y. 1998)   Cited 3,708 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 734 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 485 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 548 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 315 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 256 times
    Stating that prior inconsistent statement "bears only upon the credibility of the witness"
  8. People v. Williams

    56 N.Y.2d 236 (N.Y. 1982)   Cited 164 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"
  9. People v. Wright

    2015 N.Y. Slip Op. 5621 (N.Y. 2015)   Cited 59 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
  10. People v. Mussenden

    308 N.Y. 558 (N.Y. 1955)   Cited 182 times
    In People v. Mussenden (308 N.Y. 558, 561) the court said: "It has been repeatedly written that if, upon any view of the facts, a defendant could properly be found guilty of a lesser degree or an included crime, the trial judge must submit such lesser offense."