27 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 158,593 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."
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 1,637 times
Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth
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
People v. O'Rama
78 N.Y.2d 270 (N.Y. 1991) Cited 568 times 4 Legal Analyses
Holding the defendant was prejudiced when the court failed to read a portion of the jury note stating jury was split "6/6," told counsel the jury was experiencing "continued disagreements," and subsequently issued a supplemental instruction urging a verdict
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"
Allen v. United States
164 U.S. 492 (1896) Cited 2,805 times 3 Legal Analyses
Holding that a trial court may encourage a deadlocked jury to continue deliberating provided it does so noncoercively
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. LaValle
3 N.Y.3d 88 (N.Y. 2004) Cited 176 times 4 Legal Analyses
Invalidating mandatory requirement to instruct the jury that, in the case of jury deadlock as to the appropriate sentence in a capital case, the defendant would receive a sentence of life imprisonment with parole eligibility after serving a minimum of 20 to 25 years

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

27 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."

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

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

Holding the defendant was prejudiced when the court failed to read a portion of the jury note stating jury was split "6/6," told counsel the jury was experiencing "continued disagreements," and subsequently issued a supplemental instruction urging a verdict

Affirming denial of relief where counsel's "affirmation makes no factual allegation that, but for error, defendant would not have pleaded guilty"

Holding that a trial court may encourage a deadlocked jury to continue deliberating provided it does so noncoercively

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

Invalidating mandatory requirement to instruct the jury that, in the case of jury deadlock as to the appropriate sentence in a capital case, the defendant would receive a sentence of life imprisonment with parole eligibility after serving a minimum of 20 to 25 years