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Top citers, strongest first. 14 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Clyburn-Dawson
To the extent that defendant contends that defense counsel was ineffective in eliciting testimony about the written statement, we conclude that the record establishes that defense counsel pursued a legitimate strategy of implicating the party that had given the written statement as “the shooter.” Thus, defendant failed to meet his burden of demonstrating “ The absence of strategic or other legitimate explanations’ for [defense] counsel’s alleged shortcomings” with respect to the written statement (People v Benevento, 91 NY2d 708, 712 [1998]; see People v Loret, 56 AD3d 1283, 1283 […
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CLYBURN-DAWSON, LAZARUS, PEOPLE v
To the extent that defendant contends that defense counsel was ineffective in eliciting testimony about the written statement, we conclude that the record establishes that defense counsel pursued a legitimate strategy of implicating the party that had given the written statement as “the shooter.” Thus, defendant failed to meet his burden of demonstrating “ ‘the absence of strategic or other legitimate explanations’ for [defense] counsel’s alleged shortcomings” with respect to the written statement (People v Benevento, 91 NY2d 708, 712 ; see People v Loret, 56 AD3d 1283 , 1283, lv…
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Cited "see"
People v. Clyburn-Dawson
To the extent that defendant contends that defense counsel was ineffective in eliciting testimony about the written statement, we conclude that the record establishes that defense counsel pursued a legitimate strategy of implicating the party that had given the written statement as “the shooter.” Thus, defendant failed to meet his burden of demonstrating “ The absence of strategic or other legitimate explanations’ for [defense] counsel’s alleged shortcomings” with respect to the written statement (People v Benevento, 91 NY2d 708, 712 [1998]; see People v Loret, 56 AD3d 1283, 1283 […
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People v. Pitcher
In addition, “the fact that defendant was required ‘to accept or reject the plea offer within a short time period does not amount to coercion’ ” (People v Irvine, 42 AD3d 949, 949 [2007], lv denied 9 NY3d 962 [2007]; see People v Mason, 56 AD3d 1201 , 1202 [2008], lv denied 11 NY3d 927 [2009]).
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People v. Pitcher
In addition, “the fact that defendant was required ‘to accept or reject the plea offer within a short time period does not amount to coercion’ ” (People v Irvine, 42 AD3d 949, 949 [2007], lv denied 9 NY3d 962 [2007]; see People v Mason, 56 AD3d 1201 , 1202 [2008], lv denied 11 NY3d 927 [2009]).
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PITCHER, RICHARD, PEOPLE v
In addition, “the fact that defendant was required ‘to accept or reject the plea offer within a short time period does not amount to coercion’ ” (People v Irvine, 42 AD3d 949, 949 , lv denied 9 NY3d 962 ; see People v Mason, 56 AD3d 1201 , 1202, lv denied 11 NY3d 927 ).
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JENKINS, EDWARD M., PEOPLE v
“Furthermore, the fact that defendant was required ‘to accept or reject the plea offer within a short time period does not amount to coercion’ ” (Irvine, 42 AD3d at 949 ; see People v Mason, 56 AD3d 1201 , 1202, lv denied 11 NY3d 927 ; People v Thomas, 39 AD3d 1197, 1198-1199 , lv denied 9 NY3d 869 ).
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People v. Jenkins
“Furthermore, the fact that defendant was required ‘to accept or reject the plea offer within a short time period does not amount to coercion’ ” (Irvine, 42 AD3d at 949 ; see People v Mason, 56 AD3d 1201 , 1202 [2008], lv denied 11 NY3d 927 [2009]; People v Thomas, 39 AD3d 1197, 1198-1199 [2007], lv denied 9 NY3d 869 [2007]).
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Cited "see"
People v. Jenkins
“Furthermore, the fact that defendant was required ‘to accept or reject the plea offer within a short time period does not amount to coercion’ ” (Irvine, 42 AD3d at 949 ; see People v Mason, 56 AD3d 1201 , 1202 [2008], lv denied 11 NY3d 927 [2009]; People v Thomas, 39 AD3d 1197, 1198-1199 [2007], lv denied 9 NY3d 869 [2007]).
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LEWIS, KEVIN R., PEOPLE v
We conclude that “defense counsel’s failure to call an expert [ballistics] witness [at either of the two trials] did not constitute ineffective assistance of counsel inasmuch as defendant failed to demonstrate ‘that the expert’s testimony would have assisted the trier of fact or that defendant was prejudiced by the absence of such testimony’ ” (People v Powell, 81 AD3d 1307, 1307 , lv denied 17 NY3d 799 ; see People v Loret, 56 AD3d 1283 , lv denied 11 NY3d 927 ). “[W]ith respect to defendant’s challenge to the sentence imposed, along with an alleged trial tax imposed by the co…
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People v. Lewis
We conclude that “defense counsel’s failure to call an expert [ballistics] witness [at either of the two trials] did not constitute ineffective assistance of counsel inasmuch as defendant failed to demonstrate ‘that the expert’s testimony would have assisted the trier of fact or that defendant was prejudiced by the absence of such testimony’ ” (People v Powell, 81 AD3d 1307, 1307 [2011] , lv denied 17 NY3d 799 [2011]; see People v Loret, 56 AD3d 1283 [2008], lv denied 11 NY3d 927 [2009]). “[W]ith respect to defendant’s challenge to the sentence imposed, along with an alleged tr…
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People v. Anderson
Defendant “waived his right to appeal before [the court] advised him of the potential periods of imprisonment that could be imposed,” and thus his challenge to the severity of the sentence also is not encompassed by the waiver of the right to appeal (People v Mingo, 38 AD3d 1270, 1271 [2007]; see People v Martinez, 55 AD3d 1334 [2008], lv denied 11 NY3d 927 [2009]).
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ANDERSON, GERALD, PEOPLE v
Defendant “waived his right to appeal before [the court] advised him of the potential periods of imprisonment that could be imposed,” and thus his challenge to the severity of the sentence also is not encompassed by the waiver of the right to appeal (People v Mingo, 38 AD3d 1270, 1271 ; see People v Martinez, 55 AD3d 1334 , lv denied 11 NY3d 927 ).
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People v. Wallace
Defendant failed to meet his burden of demonstrating “the absence of strategic or other legitimate explanations” for that alleged error (People v Rivera, 71 NY2d 705, 709 [1988]; see People v Loret, 56 AD3d 1283 [2008], lv denied 11 NY3d 927 [2009]; People v Webster, 56 AD3d 1242 [2008], lv denied 11 NY3d 931 [2009]).
Retrieving the full opinion text from the archive…
PEOPLE
v.
McMATH.
v.
McMATH.
New York Court of Appeals.
Jan 20, 2009.
Published
Application in criminal cases for leave to appeal denied. (Read, J.).