17 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 163,924 times 179 Legal Analyses
Holding that to establish prejudice, defendant must show "a reasonably probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different"
People v. Baldi
54 N.Y.2d 137 (N.Y. 1981) Cited 6,062 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 1,187 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 536 times 5 Legal Analyses
Holding that an attorney who objected to submission of a lesser-included count, but failed to raise a "clear-cut and completely dispositive" statute of limitations defense to that same count was ineffective
People v. Cronin
60 N.Y.2d 430 (N.Y. 1983) Cited 369 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 281 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. 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."
People v. McGee
2013 N.Y. Slip Op. 1867 (N.Y. 2013) Cited 100 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.
People v. Howard
2013 N.Y. Slip Op. 7824 (N.Y. 2013) Cited 74 times
In People v. Howard, 22 N.Y.3d 388, 981 N.Y.S.2d 310, 4 N.E.3d 320 (2013), among the issues between the Court's majority and the dissent was whether the Court had adopted a bright-line of two hours of separation between the crime and the showup in determining whether the showup was proper.
People v. Fisher
2012 N.Y. Slip Op. 2416 (N.Y. 2012) Cited 51 times
2012-04-3 The PEOPLE of the State of New York, Respondent, v. Aaron Richard FISHER, Appellant. Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), for appellant. Michael C. Green, District Attorney, Rochester (Kelly C. Wolford of counsel), for respondent. Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), for appellant. Michael C. Green, District Attorney, Rochester (Kelly C. Wolford of counsel), for respondent. OPINION OF THE COURT MEMORANDUM. The

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

17 Cited authorities

Holding that to establish prejudice, defendant must show "a reasonably probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different"

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

Holding that an attorney who objected to submission of a lesser-included count, but failed to raise a "clear-cut and completely dispositive" statute of limitations defense to that same count was ineffective

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

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."

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.

In People v. Howard, 22 N.Y.3d 388, 981 N.Y.S.2d 310, 4 N.E.3d 320 (2013), among the issues between the Court's majority and the dissent was whether the Court had adopted a bright-line of two hours of separation between the crime and the showup in determining whether the showup was proper.