People v. Elijah

4 Citing briefs

  1. The People, Respondent,v.Julio Negron, Appellant.

    Brief

    Filed October 21, 2015

    And even if counsel did err in not arguing differently for the admission of the third-party culpability evidence, the error was not sufficient to warrant a finding that his representation was less than meaningful, in part because there is no possibility that the trial court would have admitted the evidence regardless of the words counsel used in his application, and in part because counsel’s representation as a whole was effective. See People v. Blake, 24 N.Y.3d 78, 82 (2014)(failure to request adverse-inference charge, even if mistake, not one so obvious and unmitigated by balance of representational effort as singly to support claim for ineffective assistance); People v. McGee, 20 N.Y.3d 513 (2013)(counsel not ineffective for failing to raise sufficiency argument that was not clear-cut and dispositive in defendant’s favor); People v. Cummings, 16 N.Y.3d 784 (2011)(counsel’s failure to renew dwelling argument at close of people’s case not so egregious as to deprive 53 defendant of fair trial);People v. Vasquez, 20 N.Y.3d 461 (2013)(not obvious that counsel could have successfully sought preclusion of identification evidence, so failure to make argument not ineffective); People v. Caban, 5 N.Y.3d 143 (2005)(no denial of effective assistance of trial counsel arising from counsel’s failure to make argument that has little or no chance of success); People v. Russo, 85 N.Y.2d 872 (1995)(failure to request affirmative-defense instruction not ineffective, in and of itself, under entire circumstances of case). Finally, defendant cannot claim any prejudice from counsel’s alleged errors because, even if he had argued his claims as defendant now claims he should have, it would not have made any difference at trial.

  2. The People, Respondent,v.Lionel McCray, Appellant.

    Brief

    Filed May 8, 2014

    Obviously, the consequences of conviction of the higher offense are considerable. Other than a brief reiteration of its holding in People v. Cummings, 16 N.Y.3d 784, 785 (2011), cert denied, 132 S. Ct. 203 (2011), this Court last expanded upon the contrasting degrees of Burglary in Barney, supra. There, the proof demonstrated a fully furnished one-family residence with working utilities which could have been occupied overnight.

  3. The People, Respondent,v.Jocelyn Clermont, Appellant.

    Brief

    Filed September 11, 2013

    It was, therefore, reasonable for defendant’s attorney to decline to correct the hearing court’s decision because he had no reason to believe that a factual correction would have changed the result of the hearing. See People v. Caban, 5 N.Y.3d 143, 152 24 (2005)(counsel not ineffective for failing to make a motion that had little or no chance of success); see also People v. Cummings, 16 N.Y.3d 784 (2011). To evaluate the appropriateness of police-initiated encounters, this Court has devised a four-tier approach.

  4. The People, Respondent,v.Akieme Nesbitt, Appellant.

    Brief

    Filed February 5, 2013

    Although such failings standing alone might not require reversal of the conviction, his performance when viewed in totality was not meaningful. See People v. Cummings, 16 N.Y.3d 784, 785 (2011) (“The core of our inquiry in reviewing ineffective assistance of counsel claims is whether counsel’s performance ‘viewed in totality’ amounts to ‘meaningful representation.’”) (quoting People v. Baldi, 54 N.Y.2d at 147).