40 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 158,650 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 4,214 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 5,975 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.
People v. Crimmins
36 N.Y.2d 230 (N.Y. 1975) Cited 5,685 times 5 Legal Analyses
Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"
People v. Sandoval
34 N.Y.2d 371 (N.Y. 1974) Cited 2,458 times 2 Legal Analyses
Holding that the trial court must balance the "probative worth of evidence of prior specific criminal, vicious or immoral acts on the issue of the defendant's credibility on the one hand, and on the other the risk of unfair prejudice to the defendant"
In re Glasmann
175 Wn. 2d 696 (Wash. 2012) Cited 388 times
Holding it was flagrant and ill-intentioned misconduct for a prosecutor to present slides of the defendant's booking photograph with words like " ‘GUILTY’ " and " ‘WHY SHOULD YOU BELIEVE ANYTHING HE SAYS ABOUT THE ASSAULT?’ " superimposed over the photograph in bold red letters
People v. Ashwal
39 N.Y.2d 105 (N.Y. 1976) Cited 1,144 times 2 Legal Analyses
In Ashwal, the New York Court of Appeals cited Berger v. United States, 295 U.S. 78, 55 S. Ct. 629 (1935), to support the proposition that "[a]bove all [the prosecutor] should not seek to lead the jury away from the issues by drawing irrelevant and inflammatory conclusions which have a decided tendency to prejudice the jury against the defendant."
People v. Feingold
2006 N.Y. Slip Op. 5233 (N.Y. 2006) Cited 347 times 3 Legal Analyses
Ruling that depraved indifference to human life, rather than recklessness, is the applicable mens rea in statutes in which the former appears
People v. Sanchez
98 N.Y.2d 373 (N.Y. 2002) Cited 181 times 1 Legal Analyses
Holding that jury may convict on depraved indifference theory if it can "harbor a reasonable doubt that the homicide of [the victim] was intentional"
People v. Petty
2006 N.Y. Slip Op. 5232 (N.Y. 2006) Cited 147 times
Affirming rule that "evidence of a deceased victim's prior threats against defendant is admissible to prove that the victim was the initial aggressor"

The People, Respondent,v.Trevor Anderson, Appellant.

40 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 that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"

Holding that the trial court must balance the "probative worth of evidence of prior specific criminal, vicious or immoral acts on the issue of the defendant's credibility on the one hand, and on the other the risk of unfair prejudice to the defendant"

Holding it was flagrant and ill-intentioned misconduct for a prosecutor to present slides of the defendant's booking photograph with words like " ‘GUILTY’ " and " ‘WHY SHOULD YOU BELIEVE ANYTHING HE SAYS ABOUT THE ASSAULT?’ " superimposed over the photograph in bold red letters

Ruling that depraved indifference to human life, rather than recklessness, is the applicable mens rea in statutes in which the former appears

Holding that jury may convict on depraved indifference theory if it can "harbor a reasonable doubt that the homicide of [the victim] was intentional"

Affirming rule that "evidence of a deceased victim's prior threats against defendant is admissible to prove that the victim was the initial aggressor"