§Why CasetextPricing

The People, Respondent,v.Leroy Carver, Appellant.

Brief

30 Cited authorities

  1. People v. Stultz

    2 N.Y.3d 277 (N.Y. 2004)   Cited 3,233 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"

  2. People v. Benevento

    91 N.Y.2d 708 (N.Y. 1998)   Cited 4,215 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."

  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. Rivera

    71 N.Y.2d 705 (N.Y. 1988)   Cited 1,831 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

  6. 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

  7. People v. Ramirez

    88 N.Y.2d 99 (N.Y. 1996)   Cited 526 times   1 Legal Analyses
    Finding the fellow officer rule provides that even if an arresting officer lacks personal knowledge sufficient to establish probable cause, the arrest will be lawful if the officer acts upon the direction of or as a result of communication with a superior or fellow officer or another police department provided that the police as a whole were in possession of information sufficient to constitute probable cause

  8. People v. Flores

    84 N.Y.2d 184 (N.Y. 1994)   Cited 522 times   2 Legal Analyses
    Holding that "[t]he totality of representation examined as of the time of representation . . . supports elementary conclusion" that the defendant "was not denied his constitutional right to effective assistance of counsel" despite counsel's waiver, out of ignorance of the law, of a Rosario violation

  9. People v. Burton

    2006 N.Y. Slip Op. 3443 (N.Y. 2006)   Cited 122 times
    In Burton, the granting of a Mapp hearing was based simply on the allegation that the defendant was illegally searched because an expectation of privacy in a person's body is presumed.

  10. People v. Bassett

    55 A.D.3d 1434 (N.Y. App. Div. 2008)   Cited 80 times   1 Legal Analyses
    Finding that CSAAS testimony is admissible under the Frye standard