The People v. Fernando Maldonado, 71 N.E.3d 940 (NY 2017). · Go Syfert
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The People v. Fernando Maldonado, 71 N.E.3d 940 (NY 2017). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: People v. Smith (nyappdiv, 2019-04-17)
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discussed Cited "see, e.g." People v. Smith
N.Y. App. Div. · 2019 · signal: see also · confidence low
Contrary to the defendant's contention, these circumstances established that he brought about the purported transfers of the subject properties, to himself or another, and that he did so with the intent to deprive the true owners of their properties ( see People v Ali , 189 AD2d 770 ; see also People v Maldonado , 119 AD3d 610 , revd on other grounds 28 NY3d 1173, 1174-1175 ).
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The People of the State of New York, Respondent,
v.
Fernando Maldonado, Appellant
12.
New York Court of Appeals.
Feb 16, 2017.
71 N.E.3d 940
APPEARANCES OF COUNSEL, White & Case LLP, New York City (Louis O’Neill, Isaac Glassman, Eric Majchrzak and Romain Zamour of counsel), and Seymour W. James, Jr., The Legal Aid Society, New York City (David Crow and Andrew Fine of counsel), for appellant., Eric Gonzalez, Acting District Attorney, Brooklyn (Solomon Neubort, Leonard Joblove and Victor P. Barall of counsel), for respondent.
Difiore, Abdus-Salaam, Stein, Fa-Hey, Garcia, Rivera, Wilson.
Cited by 1 opinion  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

Following a jury trial, defendant was convicted of grand larceny in the first degree (Penal Law § 155.42); attempted grand larceny in the first degree (Penal Law §§ 110.00, 155.42); and criminal possession of a forged instrument in the second degree (Penal Law § 170.25).

Defendant appealed, arguing, among other things, that the evidence was legally insufficient to support his conviction on each count and that he was denied effective assistance of counsel. The Appellate Division unanimously affirmed defendant’s convictions (People v Maldonado, 119 AD3d 610 [2d Dept 2014]).

We agree with the Appellate Division that, to the extent preserved, defendant’s legal sufficiency challenges to this trial record lack merit. However, we hold that counsel’s overall per[*1175] formance fell below the “meaningful representation” standard and defendant is entitled to a new trial (see People v Berroa, 99 NY2d 134 [2002]; see also People v Baldi, 54 NY2d 137, 147 [1981]).

Chief Judge DiFiore and Judges Abdus-Salaam, Stein, Fa-hey and Garcia concur; Judge Rivera concurs in the result; Judge Wilson taking no part.

Order reversed and a new trial ordered, in a memorandum.