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Top citers, strongest first. 2 distinct citers.
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discussed
Cited "see"
People v. Podeswa
However, in his motion, "defendant failed to demonstrate the absence of any strategic or other legitimate explanation for . . . counsel's failure to seek suppression, which is necessary to rebut the presumption that counsel acted in a competent manner and exercised professional judgment in not seeking suppression" ( People v Vecchio , 228 AD2d 820, 821 [1996]; see People v Stahl , 141 AD3d 962, 966 [2016], lv denied 28 NY3d 1127 [2016], cert denied ___ US ___, 138 S Ct 222 [2017]).
discussed
Cited "see"
People v. Shevchenko
We conclude that the evidence, including the victim's testimony regarding her alcohol consumption and limited ability to remember the night in question, as well as the expert testimony establishing that the ketamine found in the victim's blood could have caused unconsciousness or sedation, provides a " valid line of reasoning and permissible inferences' " to permit a rational factfinder to conclude beyond a reasonable doubt that the victim was physically helpless while defendant engaged in sexual intercourse with her ( People v Danielson , 9 NY3d 342, 349 [2007]; see People [*2]v Stahl , 141 A…
Retrieving the full opinion text from the archive…
Daniel D. STAHL
v.
NEW YORK.
v.
NEW YORK.
No. 17–78..
Supreme Court of the United States.
Oct 2, 2017.
138 S. Ct. 222
Published
Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department denied.