42 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,093 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. Bell v. Cone

    535 U.S. 685 (2002)   Cited 9,762 times   14 Legal Analyses
    Holding that state court adjudication that “correctly identified the principles announced [by the Supreme Court] as those governing the analysis ... was [not] contrary to ... clearly established law”
  3. United States v. Cronic

    466 U.S. 648 (1984)   Cited 7,326 times   30 Legal Analyses
    Holding defendant is constructively denied counsel during critical stage of criminal proceedings where counsel, inter alia, "fails to subject the prosecution's case to meaningful adversarial testing"
  4. People v. Stultz

    2 N.Y.3d 277 (N.Y. 2004)   Cited 3,221 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"
  5. People v. Benevento

    91 N.Y.2d 708 (N.Y. 1998)   Cited 4,204 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."
  6. People v. Baldi

    54 N.Y.2d 137 (N.Y. 1981)   Cited 5,961 times   6 Legal Analyses
    In Baldi, the New York State Court of Appeals expressly applied the right to effective assistance of counsel guaranteed by the federal Constitution.
  7. United States v. Morrison

    449 U.S. 361 (1981)   Cited 1,113 times   1 Legal Analyses
    Holding that "[c]ases involving Sixth Amendment deprivations are subject to the general rule that remedies should be tailored to the injury suffered from the constitutional violation"
  8. People v. Caban

    5 N.Y.3d 143 (N.Y. 2005)   Cited 1,630 times
    Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth
  9. Herring v. New York

    422 U.S. 853 (1975)   Cited 1,157 times   3 Legal Analyses
    Holding that a New York statute allowing judges in a criminal bench trial to deny counsel the opportunity to make a closing argument deprived defendant of his Sixth Amendment right to the assistance of counsel
  10. People v. Rivera

    71 N.Y.2d 705 (N.Y. 1988)   Cited 1,825 times
    Holding petitioner who failed to show "the absence of strategic or other legitimate explanations" for counsels' alleged shortcoming did not have viable claim to constitutionally ineffective counsel
  11. Section 440.10 - Motion to vacate judgment

    N.Y. Crim. Proc. Law § 440.10   Cited 8,988 times   6 Legal Analyses
    Stating that the court “must deny” a § 440.10 motion when sufficient facts appear on the record to permit appellate review of the claim and the defendant unjustifiably failed to raise that issue on direct appeal
  12. Section 265.03 - Criminal possession of a weapon in the second degree

    N.Y. Penal Law § 265.03   Cited 2,511 times   2 Legal Analyses
    Finding a person guilty of second degree criminal possession of a weapon when he or she "possesses any loaded firearm . . . [outside of a] person's home or place of business."
  13. Section 265.02 - Criminal possession of a weapon in the third degree

    N.Y. Penal Law § 265.02   Cited 1,630 times   1 Legal Analyses
    Prohibiting Tasers and stun guns
  14. Section 215.50 - Criminal contempt in the second degree

    N.Y. Penal Law § 215.50   Cited 501 times
    Requiring People to prove "[i]ntentional disobedience" of a court order
  15. Section 750 - Power of courts to punish for criminal contempts

    N.Y. Jud. Law § 750   Cited 467 times

    A. A court of record has power to punish for a criminal contempt, a person guilty of any of the following acts, and no others: 1. Disorderly, contemptuous, or insolent behavior, committed during its sitting, in its immediate view and presence, and directly tending to interrupt its proceedings, or to impair the respect due to its authority. 2. Breach of the peace, noise, or other disturbance, directly tending to interrupt its proceedings. 3. Wilful disobedience to its lawful mandate. 4. Resistance

  16. Section 120.14 - Menacing in the second degree

    N.Y. Penal Law § 120.14   Cited 345 times   1 Legal Analyses
    Menacing in the Second Degree: Weapon
  17. Section 2-A - Jurisdiction and powers of courts continued

    N.Y. Jud. Law § 2-A   Cited 12 times

    Each court of the state shall continue to exercise the jurisdiction and powers now vested in it by law, according to the course and practice of the court, except as otherwise prescribed by statute or rules adopted in conformance thereto. N.Y. Jud. Law § 2-A