§Why CasetextPricing

The People, Appellant,v.Terrance L. Mack, Respondent.

Brief

57 Cited authorities

  1. 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."

  2. 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.

  3. People v. Caban

    5 N.Y.3d 143 (N.Y. 2005)   Cited 1,638 times
    Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth

  4. People v. Rivera

    71 N.Y.2d 705 (N.Y. 1988)   Cited 1,830 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

  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. Marshall v. United States

    360 U.S. 310 (1959)   Cited 580 times
    Concluding the defendant deserved a new trial where jurors were exposed to newspaper reports of the defendant's criminal record, which the trial court had excluded from evidence

  7. People v. O'Rama

    78 N.Y.2d 270 (N.Y. 1991)   Cited 571 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

  8. Hughes v. U.S.

    258 F.3d 453 (6th Cir. 2001)   Cited 347 times   1 Legal Analyses
    Holding that "[Petitioner] must show that the juror was actually biased against him"

  9. People v. Malloy

    55 N.Y.2d 296 (N.Y. 1982)   Cited 483 times   1 Legal Analyses
    Holding that charge defining reasonable doubt as "a doubt for which you can conscientiously express a reason" was "neither confusing nor inaccurate"

  10. People v. Patterson

    39 N.Y.2d 288 (N.Y. 1976)   Cited 433 times
    In Patterson the Court did not even mention Mullaney until after it had concluded that the issue on the merits was within the special category that always deserves review despite the absence of contemporaneous objection.

  11. Section 310.30 - Jury deliberation; request for information

    N.Y. Crim. Proc. Law § 310.30   Cited 788 times   1 Legal Analyses
    Setting no time limitation

  12. Section 230.20 - Removal of action; removal from county court to supreme court and change of venue; upon motion of party

    N.Y. Crim. Proc. Law § 230.20   Cited 154 times

    1. At any time within the period provided by section 255.20, the appellate division of the department embracing the county, upon motion of either the defendant or the people, may, for good cause shown, order that the indictment and action be removed from the county court to the supreme court at a term held or to be held in the same county. 2. At any time within the period provided by section 255.20, the appellate division of the department embracing the county in which the superior court is located

  13. Section 120.07 - Gang assault in the first degree

    N.Y. Penal Law § 120.07   Cited 117 times

    A person is guilty of gang assault in the first degree when, with intent to cause serious physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person. Gang assault in the first degree is a class B felony. N.Y. Penal Law § 120.07