30 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 158,532 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. Stultz
2 N.Y.3d 277 (N.Y. 2004) Cited 3,228 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"
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."
People v. Baldi
54 N.Y.2d 137 (N.Y. 1981) Cited 5,973 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.
Herring v. New York
422 U.S. 853 (1975) Cited 1,160 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
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
People v. Cronin
60 N.Y.2d 430 (N.Y. 1983) Cited 362 times 1 Legal Analyses
Reversing trial court's preclusion of expert testimony on the impact of alcohol, marijuana and Valium on defendant's ability to act purposefully
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
People v. Baker
2010 N.Y. Slip Op. 2437 (N.Y. 2010) Cited 145 times
Finding that precedents applying Sixth Amendment principles “have no bearing” on exclusion of potential witness
People v. Kisoon
2007 N.Y. Slip Op. 1194 (N.Y. 2007) Cited 132 times
In People v. Kisoon, 8 N.Y.3d 129, 132, 831 N.Y.S.2d 738, 739 (2007), the New York Court of Appeals considered "whether a trial court committed a mode of proceedings error when it failed to disclose... a jury note."

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

30 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"

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"

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."

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

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

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

Reversing trial court's preclusion of expert testimony on the impact of alcohol, marijuana and Valium on defendant's ability to act purposefully

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

Finding that precedents applying Sixth Amendment principles “have no bearing” on exclusion of potential witness

In People v. Kisoon, 8 N.Y.3d 129, 132, 831 N.Y.S.2d 738, 739 (2007), the New York Court of Appeals considered "whether a trial court committed a mode of proceedings error when it failed to disclose... a jury note."