19 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 158,894 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. 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"
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."
People v. Caban
5 N.Y.3d 143 (N.Y. 2005) Cited 1,640 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. Rivera
71 N.Y.2d 705 (N.Y. 1988) Cited 1,832 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
People v. Evans
2011 N.Y. Slip Op. 2482 (N.Y. 2011) Cited 474 times
Holding that it may be a reasonable strategy for a defense attorney not to seek dismissal of a time-barred lesser charge in order to provide the jury the opportunity to render a compromise verdict where there was a multiple-count indictment
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. Concepcion
2011 N.Y. Slip Op. 5110 (N.Y. 2011) Cited 225 times
Noting that New York Criminal Procedure Law Section 470.15 bars the Appellate Division "from affirming a judgment, sentence or order on a ground not decided adversely to the appellant by the trial court"
People v. Boodle
47 N.Y.2d 398 (N.Y. 1979) Cited 292 times
Concluding that a detective's order to "[j]ust keep your hands where I can see them" was a seizure because the defendant's "freedom of movement was significantly restrained"
People v. Goodfriend
64 N.Y.2d 695 (N.Y. 1984) Cited 205 times 1 Legal Analyses
In Goodfriend, the trial court vacated a sodomy conviction and dismissed the indictment on the ground that the verdict was repugnant with defendant's acquittal of the other two charged counts.

The People, Respondent,v.Rashid Bilal, Appellant.

19 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"

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"

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."

Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth

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

Holding that it may be a reasonable strategy for a defense attorney not to seek dismissal of a time-barred lesser charge in order to provide the jury the opportunity to render a compromise verdict where there was a multiple-count indictment

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

Noting that New York Criminal Procedure Law Section 470.15 bars the Appellate Division "from affirming a judgment, sentence or order on a ground not decided adversely to the appellant by the trial court"

Concluding that a detective's order to "[j]ust keep your hands where I can see them" was a seizure because the defendant's "freedom of movement was significantly restrained"

In Goodfriend, the trial court vacated a sodomy conviction and dismissed the indictment on the ground that the verdict was repugnant with defendant's acquittal of the other two charged counts.