§Why CasetextPricing

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

Brief

22 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,786 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. Lowenfield v. Phelps

    484 U.S. 231 (1988)   Cited 1,275 times   6 Legal Analyses
    Holding that the coercive effect of a supplemental instruction must be considered "in its context and under all the circumstances"

  3. People v. Baldi

    54 N.Y.2d 137 (N.Y. 1981)   Cited 5,975 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.

  4. People v. Caban

    5 N.Y.3d 143 (N.Y. 2005)   Cited 1,639 times
    Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth

  5. People v. Turner

    2005 N.Y. Slip Op. 8766 (N.Y. 2005)   Cited 523 times   5 Legal Analyses
    Finding appellate counsel ineffective for not raising ineffectiveness of trial counsel on appeal

  6. People v. McDonald

    1 N.Y.3d 109 (N.Y. 2003)   Cited 354 times   2 Legal Analyses
    Affirming denial of relief where counsel's "affirmation makes no factual allegation that, but for error, defendant would not have pleaded guilty"

  7. Spears v. Greiner

    459 F.3d 200 (2d Cir. 2006)   Cited 284 times   1 Legal Analyses
    Finding a supplemental instruction non-coercive even though it did not include cautionary language, including because "the original charge, given to the jury earlier that day, did include cautionary language telling jurors that they had a right to stick to their arguments and stand up for their own strong opinions"

  8. People v. Velasco

    77 N.Y.2d 469 (N.Y. 1991)   Cited 280 times
    Holding that defendant's presence not required for charging conference in robing room attended by attorneys for both sides involving only questions of law and procedure

  9. People v. McGee

    2013 N.Y. Slip Op. 1867 (N.Y. 2013)   Cited 81 times
    In People v. McGee, 20 N.Y.3d 513, 964 N.Y.S.2d 73, 986 N.E.2d 907 (2013), we found counsel was not ineffective where he failed to move to dismiss an indictment based on insufficient evidence.

  10. People v. McLean

    2010 N.Y. Slip Op. 4872 (N.Y. 2010)   Cited 79 times

    113. Decided on June 10, 2010. Danielle Neroni Reilly, for appellant. Gerald A. Dwyer, for respondent. Judges Graffeo, Read and Pigott concur. Judge Jones dissents and votes to reverse in an opinion in which Chief Judge Lippman and Judge Ciparick concur. Opinion by Judge SMITH. We have held that, where a defendant's statement to law enforcement authorities is obtained in violation of his right to counsel, the use of that statement against defendant at trial is an error that may be raised on appeal

  11. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 536 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review