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Category Archives: Ineffective Assistance of Counsel
Defense Counsel’s Failure to Object Constitutes Ineffective Assistance of Counsel
People v. Miller Appellate Division, Second Department 2011 NY Slip Op 06573 Decided on September 20, 2011 Issue: Whether defense counsel’s failure to object to certain prejudicial testimony that established his client’s propensity to commit the crimes charged deprived the defendant … Continue reading
Ineffective Assistance Of Counsel For Single Failure To Object
People v. Brown 2011 NY Slip Op 04721 Decided June 7, 2011 Issue: Whether an attorney can be found ineffective based on a single failure to object at trial. Held: The attorney was not ineffective under the New York standard … Continue reading
Ineffective Assistance of Counsel: Failure To Make a Single Legal Argument
p>People v. Cummings New York Court of Appeals February 24, 2011 Issue : whether defense counsel was ineffective for failure to make a single legal argument, that a burglary charge should have been dismissed because a police precinct containing dormitories … Continue reading
Posted in Blog, Ineffective Assistance of Counsel
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Potential Conflicts and Trial Court’s Discretion to Disqualify Defense Counsel
PEOPLE V. CARNCROSS : New York Court of Appeals decided March 25, 2010 2010 NY Slip Op 02435, 2010 WL 1063952 Issue : Whether a trial court can disqualify defense counsel over the defendant’s objection when there is a potential … Continue reading
