People v. Henry, 744 N.E.2d 112 (N.Y. 2000). · Go Syfert
People v. Henry, 744 N.E.2d 112 (N.Y. 2000). Cases Citing This Book View Copy Cite
Quick Summary

Isolated errors in counsel's representation do not constitute ineffective assistance unless the error is so serious that the defendant did not receive a fair trial.

A defendant charged with robbery argued he was denied meaningful representation after his attorney called an alibi witness who could not account for the defendant's whereabouts during the specific time of the crime. The court must determine if the attorney's performance was ineffective or merely an unsuccessful trial tactic. Under the meaningful representation standard, the court evaluates the fairness of the process as a whole rather than the specific impact on the outcome. Because the attorney vigorously pursued a misidentification defense and the failed alibi testimony did not seriously compromise the fairness of the trial, the defendant received meaningful representation.

428 citation events (428 in the last 25 years) across 12 distinct courts.
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95 N.Y.2d at 565 Evaluating ineffective assistance of counsel claims197 citing cases“so long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation,' a defendant's constitutional right to the effective assistance of counsel will have been met”8 citing courts quote it · 179 listed here
  • People v. Kilian, 238 A.D.3d 1533 (N.Y. App. Div. 4th Dep't 2025).published
    In particular, we conclude that defense counsel's failure to object to the People's application with respect to the Molineux evidence was a tactical decision ( see generally People v Henry , 95 NY2d 563, 565-566 [2000]), and does not rise…
  • People v. Brower (Paul), No. 2021-358 N CR (N.Y. App. Term. Oct. 26, 2023).published 2 cites
    With respect to defendant's ineffective assistance of counsel claim, the record indicates that defendant's attorney provided defendant with meaningful representation in accordance with the New York State standard ( see NY Const, art I, § 6…
  • People v. Slivienski, 204 A.D.3d 1228 (N.Y. App. Div. 3d Dep't 2022).published
    Finally, defendant's assertion that he was deprived of the effective assistance of counsel based on a few alleged errors is without merit because, even if we were to agree that these failings were "errors," we do not find them to be "so gr…
  • People v. Omar Alvarez, No. 13 (N.Y. Mar. 28, 2019).published 2 cites
    People v Heidgen, 22 NY3d 259, 279 [2013]; People v Thompson, 21 NY3d 555, 560 [2013]; People v Henry, 95 NY2d 563, 566 [2000]).
  • People v. Oliver, 2018 NY Slip Op 4885 (N.Y. App. Div. 4th Dep't 2018).published
    Although the court applied the federal standard ( see Strickland v Washington , 466 US 668, 694 [1984]), inasmuch as defendant's claim on the motion and on appeal is that he was denied his right to effective assistance of counsel guarantee…
  • People v. Mebuin, 2017 NY Slip Op 9276 (N.Y. App. Div. 1st Dep't 2017).published
    Since we conclude that defendant's allegations warrant a hearing under the federal standard, we do not review defendant's motion papers under New York State's broader "meaningful representation" standard ( see People v Henry , 95 NY2d 563,…
  • People v. Olecski, 57 Misc. 3d 698 (N.Y. City Crim. Ct. 2017).published
    (Cf. People v Valle, 39 Misc 3d 126[A] , 2013 NY Slip Op 50409 [U] [App Term, 2d Dept, 9th & 10th Jud Dists 2013] [not reaching state standard where court concluded that federal standard violated].) Here, the court concludes that, even if…
  • People v. Meacham, 151 A.D.3d 1666 (N.Y. App. Div. 4th Dep't 2017).published
    In our view, defense counsel made reasonable strategic decisions in an “unsuccessful attempt[ ] to advance the best possible defense” (People v Henry, 95 NY2d 563, 565 [2000]).
  • People v. Vartholomeou, 147 A.D.3d 875 (N.Y. App. Div. 2d Dep't 2017).published
    Under the circumstances of this case, that single omission was not sufficiently egregious and prejudicial as to compromise the defendant’s right to a fair trial (see People v Wright, 25 NY3d 769, 779 [2015]; People v Caban, 5 NY3d 143, 152…
  • People v. Keith, 144 A.D.3d 705 (N.Y. App. Div. 2d Dep't 2016).published
    In addition, the defendant received an advantageous plea and sentence, and the record does not cast doubt on the apparent effectiveness of counsel (see People v Henry, 95 NY2d 563, 565-566 [2000]; People v Erwin, 121 AD3d 710 [2014]; Peopl…
Show 169 more citing cases
  • The People v. Herman Bank The People v. Herman H. Bank, 65 N.E.3d 680 (N.Y. 2016).published
    In New York, the standard for an ineffective assistance of counsel claim is whether the defendant was afforded “meaningful representation” and, while significant, the prejudice component of an ineffective assistance claim is not necessaril…
  • People v. Owens, 138 A.D.3d 1035 (N.Y. App. Div. 2d Dep't 2016).published
    The defendant’s contention that he was deprived of the effective assistance of counsel is without merit (see People v Henry, 95 NY2d 563, 565-566 [2000]).
  • People v. Adams, 135 A.D.3d 1154 (N.Y. App. Div. 3d Dep't 2016).published
    Thus, the record before us demonstrates that counsel vigorously cross-examined the victims and pointed out inconsistencies and, as such, we have no reason to doubt that defendant was provided with meaningful representation (see People v He…
  • People v. Vaughn, 135 A.D.3d 1158 (N.Y. App. Div. 3d Dep't 2016).published
    The record as it exists reflects that defense counsel engaged in appropriate motion practice, vigorously cross-examined the People’s witnesses at trial and called attention to inconsistencies in the identification of defendant as the perpe…
  • People v. Leonard, 129 A.D.3d 1592 (N.Y. App. Div. 4th Dep't 2015).published 2 cites
    “Isolated errors in counsel’s representation generally will not rise to the level of ineffectiveness, unless the error is ‘so serious that defendant did not receive a fair trial’ ” (People v Henry, 95 NY2d 563, 565-566 [2000]; see People v…
  • People v. Broomfield, 128 A.D.3d 1271 (N.Y. App. Div. 3d Dep't 2015).published 2 cites
    Further, a review of the record as a whole reflects that counsel pursued pretrial motions and negotiated a very favorable plea deal, and that defendant received meaningful representation (see People v Henry, 95 NY2d 563, 565 [2000]).
  • People v. Jones, 48 Misc. 3d 67 (N.Y. App. Term. 2015).published
    Viewing the evidence, the law, and the circumstances of this case, we find that defendant was otherwise afforded meaningful representation and the effective assistance of trial counsel under the New York Constitution (see People v Turner,…
  • People v. Ramos, 127 A.D.3d 996 (N.Y. App. Div. 2d Dep't 2015).published
    The defendant’s contention that he was deprived of the effective assistance of counsel is without merit (see People v Henry, 95 NY2d 563, 565-566 [2000]).
  • People v. Brabham, 126 A.D.3d 1040 (N.Y. App. Div. 3d Dep't 2015).published
    “The Constitution guarantees a defendant a fair trial, not a perfect one,” and isolated errors do not ordinarily constitute ineffective assistance unless they are so grievous as to amount to a deprivation of the constitutional right to a f…
  • People v. Chisholm, 126 A.D.3d 721 (N.Y. App. Div. 2d Dep't 2015).published
    The defendant was not deprived of the effective assistance of counsel, as he was provided with meaningful representation (see People v Henry, 95 NY2d 563, 565 [2000]; People v Benevento, 91 NY2d 708, 712 [1998]; People v Baldi, 54 NY2d 137…
  • People v. Tapia-DeJesus, 124 A.D.3d 1404 (N.Y. App. Div. 4th Dep't 2015).published 2 cites
    Although “[i]solated errors in counsel’s representation generally will not rise to the level of ineffectiveness” (People v Henry, 95 NY2d 563, 565-566 [2000]), here defense counsel’s failures were “so serious, and resulted in such prejudic…
  • People v. Lindsay, 123 A.D.3d 1144 (N.Y. App. Div. 2d Dep't 2014).published
    Defense counsel provided meaningful representation throughout the proceedings (see People v Henry, 95 NY2d 563, 565-566 [2000]; People v Benevento, 91 NY2d 708, 712 [1998]; People v Baldi, 54 NY2d 137, 147 [1981]).
  • People v. Manchester, 123 A.D.3d 1285 (N.Y. App. Div. 3d Dep't 2014).published
    A defendant’s constitutional right in such regard is satisfied “ ‘[s]o long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of representation, reveal that the attorney provided me…
  • People v. McGuire, 122 A.D.3d 947 (N.Y. App. Div. 2d Dep't 2014).published
    As noted by the County Court, the record indicates that the defense counsel afforded the defendant effective representation in negotiating a very favorable plea bargain (see People v Henry, 95 NY2d 563, 565-566 [2000]; People v Baldi, 54 N…
  • People v. Erwin, 121 A.D.3d 710 (N.Y. App. Div. 2d Dep't 2014).published
    Counsel was not ineffective for failing to request that the sentencing court impose a sentence even more lenient than what was promised by the court at the plea proceeding, given that the defendant received an advantageous plea and sentenc…
  • People v. Barnes, 120 A.D.3d 1355 (N.Y. App. Div. 2d Dep't 2014).published
    The defendant’s contention that his trial counsel rendered ineffective assistance is without merit (see People v Caban, 5 NY3d 143, 152 [2005]; People v Henry, 95 NY2d 563, 565-566 [2000]; People v Berroa, 99 NY2d 134, 138-139 [2002]; Peop…
  • People v. Carlton, 120 A.D.3d 1443 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    Moreover, counsel vigorously represented defendant at the preliminary hearing, timely moved to dismiss the indictment pursuant to CPL 190.50 (5) (a) based upon the one-day notice provided of the grand jury proceedings, and obtained a favor…
  • PeoplevCarlton, No. 104758 (N.Y. App. Div. 3d Dep't Sept. 4, 2014).published
    Morever, counsel vigorously represented defendant at the preliminary hearing, timely moved to dismiss the indictment pursuant to CPL 190.50 (5) (a) based upon the one day notice provided of the grand jury proceedings, and obtained a favora…
  • People v. Best, 120 A.D.3d 707 (N.Y. App. Div. 2d Dep't 2014).published
    He was not deprived of his right to the effective assistance of counsel, who provided meaningful representation (see People v Henry, 95 NY2d 563, 565-566 [2000]; People v Benevento, 91 NY2d 708, 712 [1998]; People v Baldi, 54 NY2d 137, 147…
  • People v. Lewis, 45 Misc. 3d 396 (N.Y. Sup. Ct. 2014).published
    Success of an ineffective assistance of counsel claim under article I, § 6 of the New York State Constitution rests on whether “ ‘the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of t…
  • People v. Whitehead, 119 A.D.3d 1080 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    Review of the record reveals that defendant received meaningful representation and, accordingly, we are unpersuaded by his ineffective assistance of counsel argument (see People v Henry, 95 NY2d 563, 565 [2000]).
  • PeoplevWhitehead, No. 104877 (N.Y. App. Div. 3d Dep't July 10, 2014).published
    Review of the record reveals that defendant received meaningful representation and, accordingly, we are unpersuaded by his ineffective assistance of counsel argument (see People v Henry, 95 NY2d 563, 565 [2000]).
  • People v. West, 118 A.D.3d 1450 (N.Y. App. Div. 4th Dep't 2014).published
    Defendant contends that the court erred in denying his CPL 330.30 motion because defense counsel’s failure to investigate and pursue an alibi defense constituted ineffective assistance of counsel (see People v Taylor, 97 AD3d 1139, 1141 [2…
  • People v. Berroa, 782 N.E.2d 1148 (N.Y. 2002).published
  • People v. Henriquez, 818 N.E.2d 1125 (N.Y. 2004).published
  • People v. Stultz, 810 N.E.2d 883 (N.Y. 2004).published
  • People v. McDonald, 802 N.E.2d 131 (N.Y. 2003).published
  • People v. Scott, 129 A.D.3d 1306 (N.Y. App. Div. 3d Dep't 2015).published
  • People v. Roberson, 133 A.D.3d 793 (N.Y. App. Div. 2d Dep't 2015).published
  • People v. Williams, 136 A.D.3d 686 (N.Y. App. Div. 2d Dep't 2016).published
  • People v. Dennis, 141 A.D.3d 730 (N.Y. App. Div. 2d Dep't 2016).published
  • Montero, Carmen G., People v., No. KA 09-00667 (N.Y. App. Div. 4th Dep't Nov. 16, 2012).published
  • People v. Spagnuolo, 173 A.D.3d 1832 (N.Y. App. Div. 4th Dep't 2019).published
  • People v. Green, 197 A.D.3d 993 (N.Y. App. Div. 4th Dep't 2021).published
  • People v. Plaisted, 2 A.D.3d 906 (N.Y. App. Div. 3d Dep't 2003).published
  • People v. Taylor, 2 A.D.3d 1306 (N.Y. App. Div. 4th Dep't 2003).published
  • People v. Williams, 4 A.D.3d 441 (N.Y. App. Div. 2d Dep't 2004).published
  • People v. Spragis, 5 A.D.3d 814 (N.Y. App. Div. 3d Dep't 2004).published
  • People v. Chasey, 5 A.D.3d 815 (N.Y. App. Div. 3d Dep't 2004).published
  • People v. Miles, 8 A.D.3d 758 (N.Y. App. Div. 3d Dep't 2004).published
  • People v. Torres, 12 A.D.3d 539 (N.Y. App. Div. 2d Dep't 2004).published
  • People v. Miller, 12 A.D.3d 852 (N.Y. App. Div. 3d Dep't 2004).published
  • People v. Rosado, 13 A.D.3d 902 (N.Y. App. Div. 3d Dep't 2004).published
  • People v. Demetsenare, 14 A.D.3d 792 (N.Y. App. Div. 3d Dep't 2005).published
  • People v. Gray, 15 A.D.3d 889 (N.Y. App. Div. 4th Dep't 2005).published
  • People v. Hinds, 16 A.D.3d 436 (N.Y. App. Div. 2d Dep't 2005).published
  • People v. Barrett, 17 A.D.3d 688 (N.Y. App. Div. 2d Dep't 2005).published
  • People v. Flagg, 17 A.D.3d 1085 (N.Y. App. Div. 4th Dep't 2005).published
  • People v. Dunnigan, 1 A.D.2d 930 (N.Y. App. Div. 4th Dep't 2003).published
  • People v. McFarlane, 18 A.D.3d 577 (N.Y. App. Div. 2d Dep't 2005).published
  • People v. Dewey, 18 A.D.3d 894 (N.Y. App. Div. 3d Dep't 2005).published
  • In re Brenden O., 20 A.D.3d 722 (N.Y. App. Div. 3d Dep't 2005).published
  • People v. Maryon, 20 A.D.3d 911 (N.Y. App. Div. 4th Dep't 2005).published
  • People v. Washington, 21 A.D.3d 648 (N.Y. App. Div. 3d Dep't 2005).published
  • In re Ashley L., 22 A.D.3d 915 (N.Y. App. Div. 3d Dep't 2005).published
  • People v. Urena, 23 A.D.3d 587 (N.Y. App. Div. 2d Dep't 2005).published
  • People v. Brown, 23 A.D.3d 703 (N.Y. App. Div. 3d Dep't 2005).published
  • In re Amanda TT., 23 A.D.3d 955 (N.Y. App. Div. 3d Dep't 2005).published
  • People v. Bennett, 24 A.D.3d 975 (N.Y. App. Div. 3d Dep't 2005).published
  • People v. Boguski, 24 A.D.3d 1026 (N.Y. App. Div. 3d Dep't 2005).published
  • People v. Deshields, 24 A.D.3d 1112 (N.Y. App. Div. 3d Dep't 2005).published
  • People v. Valderama, 25 A.D.3d 819 (N.Y. App. Div. 3d Dep't 2006).published
  • People v. Jackson, 25 A.D.3d 1012 (N.Y. App. Div. 3d Dep't 2006).published
  • In re Daniel BB., 26 A.D.3d 687 (N.Y. App. Div. 3d Dep't 2006).published
  • People v. Mabry, 27 A.D.3d 835 (N.Y. App. Div. 3d Dep't 2006).published
  • People v. Smith, 27 A.D.3d 894 (N.Y. App. Div. 3d Dep't 2006).published
  • People v. Stephens, 31 A.D.3d 890 (N.Y. App. Div. 3d Dep't 2006).published
  • People v. Madison, 31 A.D.3d 974 (N.Y. App. Div. 3d Dep't 2006).published
  • People v. Rumola, 31 A.D.3d 1059 (N.Y. App. Div. 3d Dep't 2006).published
  • People v. De Marco, 33 A.D.3d 1045 (N.Y. App. Div. 3d Dep't 2006).published
  • In re Ejoel M., 34 A.D.3d 678 (N.Y. App. Div. 2d Dep't 2006).published
  • People v. Grey, 34 A.D.3d 832 (N.Y. App. Div. 2d Dep't 2006).published
  • People v. Hightower, 35 A.D.3d 884 (N.Y. App. Div. 2d Dep't 2006).published
  • People v. Cole, 35 A.D.3d 911 (N.Y. App. Div. 3d Dep't 2006).published
  • People v. Miles, 36 A.D.3d 1021 (N.Y. App. Div. 3d Dep't 2007).published
  • People v. Johnson, 37 A.D.3d 363 (N.Y. App. Div. 1st Dep't 2007).published
  • People v. Colvin, 37 A.D.3d 856 (N.Y. App. Div. 3d Dep't 2007).published
  • People v. Turner, 37 A.D.3d 874 (N.Y. App. Div. 3d Dep't 2007).published
  • People v. Mason, 38 A.D.3d 1260 (N.Y. App. Div. 4th Dep't 2007).published
  • People v. Jones, 38 A.D.3d 1272 (N.Y. App. Div. 4th Dep't 2007).published
  • People v. Davalloo, 39 A.D.3d 559 (N.Y. App. Div. 2d Dep't 2007).published
  • People v. Robinson, 39 A.D.3d 772 (N.Y. App. Div. 2d Dep't 2007).published
  • People v. Azaz, 41 A.D.3d 610 (N.Y. App. Div. 2d Dep't 2007).published
  • People v. Green, 41 A.D.3d 862 (N.Y. App. Div. 2d Dep't 2007).published
  • People v. Sabatino, 41 A.D.3d 871 (N.Y. App. Div. 2d Dep't 2007).published
  • People v. Bonelli, 41 A.D.3d 972 (N.Y. App. Div. 3d Dep't 2007).published
  • People v. Mann, 41 A.D.3d 977 (N.Y. App. Div. 3d Dep't 2007).published
  • People v. Johnson, 41 A.D.3d 1298 (N.Y. App. Div. 4th Dep't 2007).published
  • People v. Quito, 43 A.D.3d 411 (N.Y. App. Div. 2d Dep't 2007).published
  • People v. Golgoski, 43 A.D.3d 551 (N.Y. App. Div. 3d Dep't 2007).published
  • People v. Ramirez, 43 A.D.3d 1086 (N.Y. App. Div. 2d Dep't 2007).published
  • People v. Hancock, 43 A.D.3d 1380 (N.Y. App. Div. 4th Dep't 2007).published
  • People v. Hayes, 44 A.D.3d 683 (N.Y. App. Div. 2d Dep't 2007).published
  • People v. Nicholas, 44 A.D.3d 1075 (N.Y. App. Div. 2d Dep't 2007).published
  • People v. Argueta, 46 A.D.3d 46 (N.Y. App. Div. 2d Dep't 2007).published
  • People v. Bethea, 46 A.D.3d 565 (N.Y. App. Div. 2d Dep't 2007).published
  • People v. Whitehead, 46 A.D.3d 715 (N.Y. App. Div. 2d Dep't 2007).published
  • People v. Patchen, 46 A.D.3d 1112 (N.Y. App. Div. 3d Dep't 2007).published
  • People v. Ryan, 46 A.D.3d 1125 (N.Y. App. Div. 3d Dep't 2007).published
  • People v. McLaurin, 47 A.D.3d 843 (N.Y. App. Div. 2d Dep't 2008).published
  • Loreene C. v. Aaron G., 48 A.D.3d 293 (N.Y. App. Div. 1st Dep't 2008).published
  • People v. Haggerty, 48 A.D.3d 480 (N.Y. App. Div. 2d Dep't 2008).published
  • People v. Jackson, 48 A.D.3d 891 (N.Y. App. Div. 3d Dep't 2008).published
  • People v. Ramos, 48 A.D.3d 984 (N.Y. App. Div. 3d Dep't 2008).published
  • People v. Elmore, 49 A.D.3d 778 (N.Y. App. Div. 2d Dep't 2008).published
  • People v. Williams, 52 A.D.3d 851 (N.Y. App. Div. 2d Dep't 2008).published
  • People v. Wesley, 55 A.D.3d 758 (N.Y. App. Div. 2d Dep't 2008).published
  • People v. Hutchinson, 57 A.D.3d 1013 (N.Y. App. Div. 2008).published
  • People v. Lobban, 59 A.D.3d 566 (N.Y. App. Div. 2d Dep't 2009).published
  • People v. Pickens, 60 A.D.3d 699 (N.Y. App. Div. 2d Dep't 2009).published
  • People v. McPherson, 60 A.D.3d 872 (N.Y. App. Div. 2d Dep't 2009).published
  • People v. Bishop, 60 A.D.3d 1076 (N.Y. App. Div. 2d Dep't 2009).published
  • People v. Pena, 60 A.D.3d 1089 (N.Y. App. Div. 2d Dep't 2009).published
  • People v. Cabrera, 61 A.D.3d 884 (N.Y. App. Div. 2d Dep't 2009).published
  • People v. Ballinger, 62 A.D.3d 895 (N.Y. App. Div. 2d Dep't 2009).published
  • People v. Brown, 62 A.D.3d 1089 (N.Y. App. Div. 3d Dep't 2009).published
  • People v. Scudds, 62 A.D.3d 1165 (N.Y. App. Div. 3d Dep't 2009).published
  • People v. Davis, 63 A.D.3d 755 (N.Y. App. Div. 2d Dep't 2009).published
  • People v. Garrett, 68 A.D.3d 781 (N.Y. App. Div. 2d Dep't 2009).published
  • People v. Minucci, 68 A.D.3d 1017 (N.Y. App. Div. 2d Dep't 2009).published
  • People v. Trovato, 68 A.D.3d 1023 (N.Y. App. Div. 2d Dep't 2009).published
  • People v. Beasley, 69 A.D.3d 741 (N.Y. App. Div. 2d Dep't 2010).published
  • People v. Concepcion, 69 A.D.3d 956 (N.Y. App. Div. 2d Dep't 2010).published
  • People v. Outar, 70 A.D.3d 975 (N.Y. App. Div. 2d Dep't 2010).published
  • People v. Windley, 70 A.D.3d 1060 (N.Y. App. Div. 2d Dep't 2010).published
  • People v. Vargas, 72 A.D.3d 1114 (N.Y. App. Div. 3d Dep't 2010).published
  • People v. Koki, 74 A.D.3d 987 (N.Y. App. Div. 2d Dep't 2010).published
  • People v. Lasher, 74 A.D.3d 1474 (N.Y. App. Div. 3d Dep't 2010).published
  • State v. Campany, 77 A.D.3d 92 (N.Y. App. Div. 4th Dep't 2010).published
  • People v. Colville, 79 A.D.3d 189 (N.Y. App. Div. 2d Dep't 2010).published
  • People v. Cortese, 79 A.D.3d 1281 (N.Y. App. Div. 3d Dep't 2010).published
  • People v. Kadarko, 56 A.D.2d 102 (N.Y. App. Div. 1st Dep't 2008).published
  • People v. Knox, 80 A.D.3d 887 (N.Y. App. Div. 3d Dep't 2011).published
  • People v. Elwood, 80 A.D.3d 988 (N.Y. App. Div. 3d Dep't 2011).published
  • People v. Samms, 83 A.D.3d 1099 (N.Y. App. Div. 2d Dep't 2011).published
  • People v. Young, 86 A.D.3d 796 (N.Y. App. Div. 3d Dep't 2011).published
  • People v. Gavalo, 87 A.D.3d 1014 (N.Y. App. Div. 2d Dep't 2011).published
  • People v. Tucker, 87 A.D.3d 1077 (N.Y. App. Div. 2d Dep't 2011).published
  • People v. Caruso, 88 A.D.3d 809 (N.Y. App. Div. 2d Dep't 2011).published
  • People v. Collado, 90 A.D.3d 672 (N.Y. App. Div. 2d Dep't 2011).published
  • People v. Walters, 90 A.D.3d 958 (N.Y. App. Div. 2d Dep't 2011).published
  • People v. Thomas, 90 A.D.3d 1080 (N.Y. App. Div. 2d Dep't 2011).published
  • People v. Castro, 76 A.D.2d 421 (N.Y. App. Div. 1st Dep't 2010).published
  • People v. Nguyen, 90 A.D.3d 1330 (N.Y. App. Div. 3d Dep't 2011).published
  • People v. Yagudayev, 91 A.D.3d 888 (N.Y. App. Div. 2d Dep't 2012).published
  • People v. Snyder, 91 A.D.3d 1206 (N.Y. App. Div. 3d Dep't 2012).published
  • People v. Miller, 93 A.D.3d 882 (N.Y. App. Div. 3d Dep't 2012).published
  • People v. Clermont, 95 A.D.3d 1349 (N.Y. App. Div. 2d Dep't 2012).published
  • People v. Ward, 96 A.D.3d 1296 (N.Y. App. Div. 3d Dep't 2012).published
  • People v. Leath, 98 A.D.3d 690 (N.Y. App. Div. 2d Dep't 2012).published
  • People v. Montero, 100 A.D.3d 1555 (N.Y. App. Div. 4th Dep't 2012).published
  • People v. White, 103 A.D.3d 1213 (N.Y. App. Div. 4th Dep't 2013).published
  • People v. Tepley, 105 A.D.3d 977 (N.Y. App. Div. 2d Dep't 2013).published
  • People v. Shuaib, 111 A.D.3d 1055 (N.Y. App. Div. 3d Dep't 2013).published
  • People v. Hughes, 111 A.D.3d 1170 (N.Y. App. Div. 3d Dep't 2013).published
  • People v. Negron, 112 A.D.3d 741 (N.Y. App. Div. 2d Dep't 2013).published
  • People v. Case, 114 A.D.3d 1308 (N.Y. App. Div. 4th Dep't 2014).published
  • People v. Mazariego, 117 A.D.3d 1082 (N.Y. App. Div. 2d Dep't 2014).published
  • People v. Burley, 118 A.D.3d 720 (N.Y. App. Div. 2d Dep't 2014).published
  • People v. Ross, 118 A.D.3d 1413 (N.Y. App. Div. 4th Dep't 2014).published
  • People v. Kreydatus, 305 A.D.2d 935 (N.Y. App. Div. 3d Dep't 2003).published
  • People v. Rose, 307 A.D.2d 270 (N.Y. App. Div. 2d Dep't 2003).published
  • People v. Fletcher, 309 A.D.2d 1085 (N.Y. App. Div. 3d Dep't 2003).published
  • People v. Perez, 18 Misc. 3d 752 (N.Y. Sup. Ct. 2007).published
  • People v. Santos, 40 Misc. 3d 400 (N.Y. Sup. Ct. 2013).published
  • People v. Davis, 51 Misc. 3d 879 (N.Y. Cnty. Ct. 2016).published
  • Tapia-dejesus, Eric, People v., No. KA 11-02476 (N.Y. App. Div. 4th Dep't Jan. 2, 2015).published
  • People v. Franklin, 288 A.D.2d 751 (N.Y. App. Div. 3d Dep't 2001).published
  • People v. Guerra, 231 A.D.3d 852 (N.Y. App. Div. 2d Dep't 2024).published
95 N.Y.2d at 566 Evaluating ineffective assistance of counsel under meaningful representation46 citing cases“isolated errors in counsel's representation generally will not rise to the level of ineffectiveness, unless the error is so serious that defendant did not receive a fair trial”15 citing courts quote it · 38 listed here
  • Elshabazz v. Graham, No. 6:18-cv-06160 (W.D.N.Y. Oct. 18, 2021).
    Id. (citing People v Henry, 95 N.Y.2d 563, 566 (2000)) (internal alterations omitted).
  • Carrasco v. Miller, No. 1:17-cv-07434 (S.D.N.Y. Mar. 18, 2021).
    In evaluating a claim of ineffective assistance, “true ineffectiveness” should not be confused “with losing trial tactics or unsuccessful attempts to advance the best possible defense,” as “[t]he Constitution guarantees a defendant a fair…
  • People v. Gamble, 190 A.D.3d 1022 (N.Y. App. Div. 3d Dep't 2021).published
    Moreover, counsel's [*3]mistake regarding the permissible period of PRS was corrected upon resentencing, obviating any prejudice ( see Strickland v Washington , 466 US 668, 687 [1984]; People v McDonald , 1 NY3d 109, 113-114 [2003]; People…
  • People v. Sutton, 174 A.D.3d 1052 (N.Y. App. Div. 3d Dep't 2019).published
    Finally, upon our review of the record, we are satisfied that defendant received meaningful representation ( see People v Henry , 95 NY2d 563, 566 [2000]; People v Benevento , 91 NY2d 708, 712 [1998]).
  • People v. Omar Alvarez, No. 13 (N.Y. Mar. 28, 2019).published 2 cites
    People v Heidgen, 22 NY3d 259, 279 [2013]; People v Thompson, 21 NY3d 555, 560 [2013]; People v Henry, 95 NY2d 563, 566 [2000]).
  • People v. Faller (Alyssa), No. 2018 NYSlipOp 50568(U) (N.Y. App. Term. Apr. 12, 2018).published 2 cites
    The record does not cast doubt on the apparent effectiveness of counsel ( see People v Henry , 95 NY2d 563, 566 [2000]; People v Philpot , 99 AD3d 1025 , 1026 [2012]).
  • People v. Elshabazz, 145 A.D.3d 1528 (N.Y. App. Div. 4th Dep't 2016).published 2 cites
    Consequently, we conclude that, “[a]lthough the prosecution discredited the alibi testimony, [that] alone did not ‘seriously compromise’ defendant’s right to a fair trial . . . [and, in] view of . . . counsel’s competency in all other resp…
  • People v. Kramer, 50 Misc. 3d 27 (N.Y. App. Term. 2015).published
    We have considered defendant’s remaining contentions and find them to be unpreserved or without merit (see CPL 200.20 [2] [b], [c]; People v Stultz, 2 NY3d 277, 282 [2004]; People v Henry, 95 NY2d 563, 566 [2000]; People v Benevento, 91 NY…
  • People v. Pollidore, 123 A.D.3d 1058 (N.Y. App. Div. 2d Dep't 2014).published
    Furthermore, the record reveals that the defendant received an advantageous plea, and nothing in the record casts doubt on the effectiveness of counsel (see People v Caban, 5 NY3d 143, 152 [2005]; People v Henry, 95 NY2d 563, 566 [2000]; P…
  • People v. West, 123 A.D.3d 850 (N.Y. App. Div. 2d Dep't 2014).published
    Insofar as the defendant contends that his trial counsel’s conduct affected the voluntariness of his plea, his attorney provided him with meaningful representation (see People v Caban, 5 NY3d 143, 152 [2005]; People v Henry, 95 NY2d 563, 5…
Show 28 more citing cases
95 N.Y.2d at 564 Reviewing record for meaningful representation of counsel6 citing cases
744 N.E.2d at 114 Recognizing differences between federal and state ineffectiveness tests1 citing caseThis Court has previously recognized the differences between the Federal and State tests for ineffectiveness ....1 citing court put it this way
  • Louis Eze v. Daniel A. Senkowski, 321 F.3d 110 (2d Cir. 2003).published 3 cites
    (This Court has previously recognized the differences between the Federal and State tests for ineffectiveness ....)
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
The People of the State of New York, Appellant,
v.
Dwayne Henry, Respondent
New York Court of Appeals.
Dec 21, 2000.
Published opinion
744 N.E.2d 112
2000 N.Y. LEXIS 3915
POINTS OF COUNSEL, Richard A. Brown, District Attorney of Queens County, Kew Gardens (Donna Aldea and John M. Castellano of counsel), for appellant., Todd A. Landau, New York City, and M. Sue Wycoff for respondent.
Ciparick.
Cited by 327 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 63%
Citer courts: Second Circuit (6)

OPINION OF THE COURT

Ciparick, J.

At issue on this appeal is whether defendant was denied meaningful representation when his attorney called an alibi witness who failed to account for defendant’s whereabouts on the night of the crime. We conclude that, on this record, he was not.

Evidence was adduced at trial that shortly after midnight on August 10, 1995, a livery cab driver pulled in front of a car service stand to pick up a fare. Defendant entered the car through the front while another man entered through the back. As the car pulled away, defendant asked the driver to make a stop. When they reached the stop, defendant pointed a handgun at him and demanded his money. The driver handed defendant $130 while the man seated in the back pointed a shotgun at him. After defendant ordered the driver out of the car, three other men jumped into the car and all five sped off with defendant at the wheel. On August 31, 1995, the driver identified defendant in a lineup. Defendant was arrested and charged[*565] with robbery in the first degree (Penal Law § 160.15 [4]) and robbery in the second degree (Penal Law § 160.10 [1]).

At trial, defense counsel presented two defenses. Counsel challenged the reliability of the identification and also presented an alibi witness who testified that she was with defendant at midnight on August 10, 1995. On cross-examination, however, the witness acknowledged her Grand Jury testimony that she knew of defendant’s whereabouts only during the night of August 10 and early morning hours of August 11. She could not account for defendant’s whereabouts in the early morning hours of August 10. On summation, defense counsel attacked the victim’s credibility and argued that the victim mistakenly identified his client as the perpetrator. As for the alibi witness’s testimony, counsel maintained that the discrepancy was one for the jury to resolve. In response, the prosecutor argued that because the witness provided an alibi for the wrong date, her testimony should be disregarded.

The jury convicted defendant of all charges. The Appellate Division reversed and held that defendant was denied effective assistance of counsel. The Court reasoned that because the failed testimony “ ‘went to the heart of the alibi, counsel’s error undermined the defense’ ” (266 AD2d 564, 565 [quoting People v Cabrera, 234 AD2d 557, 558]). A Justice of the Appellate Division granted the People leave to appeal to this Court. We now reverse.

In evaluating ineffective assistance of counsel claims, this Court has consistently applied a “flexible” approach (People v Benevento, 91 NY2d 708, 712). “So long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation,” a defendant’s constitutional right to the effective assistance of counsel will have been met (People v Baldi, 54 NY2d 137, 147). Thus, the standard in New York has long been whether the defendant was afforded “meaningful representation” (see, People v Benevento, supra, 91 NY2d, at 712; People v Flores, 84 NY2d 184, 187; People v Claudio, 83 NY2d 76, 79-80, rearg dismissed 88 NY2d 1007).

In applying this standard, courts should not confuse true ineffectiveness with losing trial tactics or unsuccessful attempts to advance the best possible defense. The Constitution guarantees a defendant a fair trial, not a perfect one (Delaware v Van Arsdall, 475 US 673, 681). Isolated errors in counsel’s[*566] representation generally will not rise to the level of ineffectiveness, unless the error is “so serious that defendant did not receive a ‘fair trial’ ” (People v Flores, supra, 84 NY2d, at 188-189).

Despite our well-settled test for evaluating ineffective assistance of counsel claims, the People ask this Court to adopt the Federal standard, maintaining that it is more precise than the State’s “meaningful representation” standard. * This Court has previously recognized the differences between the Federal and State tests for ineffectiveness, and has consistently adhered to the application of our “meaningful representation” test (see, People v Benevento, supra, 91 NY2d, at 713-714; People v Claudio, supra, 83 NY2d, at 79-80). In doing so, we have clarified “meaningful representation” to include 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 Benevento, supra, 91 NY2d, at 714). No further clarification of the standard is required.

Applying that standard here, we conclude that defendant received meaningful representation. Although the prosecution discredited the alibi testimony, this alone did not “seriously compromise” defendant’s right to a fair trial (see, People v Hobot, 84 NY2d 1021, 1022). Counsel competently represented defendant’s interests at other stages of the proceedings, and counsel’s presentation of the alibi testimony did not diminish the legitimacy of defendant’s misidentification defense. Indeed, the thrust of the defense was misidentification, which was, in part, buttressed by the alibi witness’s testimony. Counsel further supported that defense by vigorously attacking the reliability of the victim’s identification and highlighting the discrepancies in the victim’s description of defendant. In view of the extensive misidentification defense and counsel’s competency in all other respects, we conclude that counsel’s failed attempt to establish an alibi was at most an unsuccessful tactic that cannot be characterized as ineffective assistance (see, People v Jackson, 52 NY2d 1027, 1029).

[*567] Accordingly, the order of the Appellate Division should be reversed, and the case remitted to the Appellate Division for consideration of the facts and issues raised but not determined on appeal to that Court.

Chief Judge Kaye and Judges Smith, Levine, Wesley and Rosenblatt concur.

Order reversed and case remitted to the Appellate Division, Second Department, for consideration of the facts (CPL 470.25 [2] [d]; 470.40 [2] [b]) and issues raised but not determined on the appeal to that Court.

*

The Federal test for evaluating ineffective assistance of counsel claims is set forth in Strickland v Washington (466 US 668). To overcome the presumption of effective representation, a defendant must demonstrate that (1) the attorney’s performance was deficient, and (2) but for counsel’s unprofessional errors, there is a “reasonable probability” that the outcome of the proceedings would have been different (id., at 687, 694). The United States Supreme Court has held that the “touchstone” of the second prong of the analysis is whether counsel’s performance rendered the proceeding fundamentally unfair or left an unreliable result (see, Lockhart v Fretwell, 506 US 364, 369-370).