42 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 131,309 times   173 Legal Analyses
    Holding that we are obligated "to evaluate the conduct from counsel's perspective at the time"
  2. Bell v. Cone

    535 U.S. 685 (2002)   Cited 7,905 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 6,220 times   30 Legal Analyses
    Holding that a finding of ineffective assistance of trial counsel must be based on actual specified errors and not merely the circumstances surrounding the representation
  4. People v. Stultz

    2 N.Y.3d 277 (N.Y. 2004)   Cited 2,890 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 3,709 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 5,488 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. 54 N.Y.2d at 146.
  7. United States v. Morrison

    449 U.S. 361 (1981)   Cited 983 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. Herring v. New York

    422 U.S. 853 (1975)   Cited 1,007 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
  9. People v. Caban

    5 N.Y.3d 143 (N.Y. 2005)   Cited 1,306 times
    Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth
  10. People v. Rivera

    71 N.Y.2d 705 (N.Y. 1988)   Cited 1,609 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 7,296 times   6 Legal Analyses
    Barring review if a claim could have been raised on direct appeal because it involved matters appearing on the record.
  12. Section 265.03 - Criminal possession of a weapon in the second degree

    N.Y. Penal Law § 265.03   Cited 1,711 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 1,417 times   1 Legal Analyses

    A person is guilty of criminal possession of a weapon in the third degree when: (1) Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime; or (2) Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or (3) Such person

  14. Section 215.50 - Criminal contempt in the second degree

    N.Y. Penal Law § 215.50   Cited 538 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 386 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 313 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 8 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