§Why CasetextPricing

The People, Respondent,v.Herman Bank, Appellant.

Brief

11 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,786 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"

  2. Hill v. Lockhart

    474 U.S. 52 (1985)   Cited 20,006 times   34 Legal Analyses
    Holding that a Strickland claim can be brought to challenge a guilty plea, but rejecting the claim at issue

  3. People v. Bigelow

    66 N.Y.2d 417 (N.Y. 1985)   Cited 854 times   1 Legal Analyses
    Rejecting the "good-faith exception" to the warrant requirement

  4. Henry v. Poole

    409 F.3d 48 (2d Cir. 2005)   Cited 442 times   1 Legal Analyses
    Holding that in order to sustain a claim for ineffective assistance of counsel, a defendant must establish that “absent [counsel's] errors, the factfinder would have had a reasonable doubt respecting guilt”

  5. Pavel v. Hollins

    261 F.3d 210 (2d Cir. 2001)   Cited 433 times   2 Legal Analyses
    Holding that a defense attorney's failure to call crucial factual witnesses was "an extraordinarily poor" decision that constituted ineffective assistance of counsel

  6. People v. McRay

    51 N.Y.2d 594 (N.Y. 1980)   Cited 495 times
    Recognizing that a glassine envelope is a "'telltale sign of heroin'" and that passing one in a "furtive or evasive" manner provides probable cause to arrest (quoting People v. Alexander, 333 N.E.2d 157, 158 (N.Y. 1975))

  7. Mask v. McGinnis

    233 F.3d 132 (2d Cir. 2000)   Cited 109 times   2 Legal Analyses
    Holding under AEDPA that the “state court's determination of factual issues ... were so closely intertwined with the state court's articulation of an erroneous legal standard, to which we owe no deference, that we can discern no independent factual issues to which we should defer”

  8. People v. Thomson

    46 A.D.3d 939 (N.Y. App. Div. 2007)   Cited 14 times
    Finding first prong of Strickland test satisfied where defense counsel failed to determine prior New Jersey conviction did not qualify as a predicate felony for purposes of defendant's second felony status

  9. Hines v. Ricci

    Civil Action No. 10-4130 (DMC) (D.N.J. Jan. 28, 2014)   Cited 3 times
    In Hines v. Ricci, No. 10-4130, 2014 WL 314430 (D.N.J. Jan. 28, 2014), Judge Cavanaugh credited the petitioner's uncontradicted testimony, at the evidentiary hearing, that counsel did not inform the petitioner that he faced a life sentence if he rejected the plea and was convicted, now was there evidence to suggest that petitioner otherwise understood that fact.

  10. People v. Bank

    124 A.D.3d 1376 (N.Y. App. Div. 2015)   Cited 2 times

    01-02-2015 The PEOPLE of the State of New York, Respondent, v. Herman BANK, Defendant–Appellant. Robert N. Isseks, Middletown, for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for Respondent. Robert N. Isseks, Middletown, for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for Respondent. PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND SCONIERS, JJ. MEMORANDUM: Defendant appeals from an order denying