75 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 158,554 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"
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."
Lowenfield v. Phelps
484 U.S. 231 (1988) Cited 1,271 times 6 Legal Analyses
Holding that the coercive effect of a supplemental instruction must be considered "in its context and under all the circumstances"
People v. Baldi
54 N.Y.2d 137 (N.Y. 1981) Cited 5,974 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.
People v. Caban
5 N.Y.3d 143 (N.Y. 2005) Cited 1,636 times
Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth
United States v. United States Gypsum Co.
438 U.S. 422 (1978) Cited 970 times 16 Legal Analyses
Holding that “[t]he exchange of price data and other information among competitors does not invariably have anticompetitive effect ... we have held that such exchanges of information do not constitute a per se violation of the Sherman Act”
People v. Rivera
71 N.Y.2d 705 (N.Y. 1988) Cited 1,828 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
People v. Sandoval
34 N.Y.2d 371 (N.Y. 1974) Cited 2,457 times 2 Legal Analyses
Holding that the trial court must balance the "probative worth of evidence of prior specific criminal, vicious or immoral acts on the issue of the defendant's credibility on the one hand, and on the other the risk of unfair prejudice to the defendant"
People v. Overlee
236 A.D.2d 133 (N.Y. App. Div. 1997) Cited 783 times
Holding the defendant's challenge that the prosecutor used snide remarks to portray him as a liar was not prejudicial because “[t]he use of sarcasm is, of course, a well recognized device to illustrate the inherent implausibility of a witness's testimony”
People v. Turner
2005 N.Y. Slip Op. 8766 (N.Y. 2005) Cited 522 times 5 Legal Analyses
Finding appellate counsel ineffective for not raising ineffectiveness of trial counsel on appeal

The People, Respondent,v.Patrick Morgan, Appellant.

75 Cited authorities

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"

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."

Holding that the coercive effect of a supplemental instruction must be considered "in its context and under all the circumstances"

In Baldi, the New York State Court of Appeals expressly applied the right to effective assistance of counsel guaranteed by the federal Constitution.

Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth

Holding that “[t]he exchange of price data and other information among competitors does not invariably have anticompetitive effect ... we have held that such exchanges of information do not constitute a per se violation of the Sherman Act”

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

Holding that the trial court must balance the "probative worth of evidence of prior specific criminal, vicious or immoral acts on the issue of the defendant's credibility on the one hand, and on the other the risk of unfair prejudice to the defendant"

Holding the defendant's challenge that the prosecutor used snide remarks to portray him as a liar was not prejudicial because “[t]he use of sarcasm is, of course, a well recognized device to illustrate the inherent implausibility of a witness's testimony”

Finding appellate counsel ineffective for not raising ineffectiveness of trial counsel on appeal