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Top citers, strongest first. 2 distinct citers.
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discussed
Cited as authority (rule)
People v. Graham
Under both state and federal law, a defendant’s right to the effective assistance of counsel includes assistance by an attorney who has conducted a reasonable investigation into the relevant facts and law to determine whether matters of defense can be developed (see Strickland v Washington, 466 US at 691 ; People v Oliveras, 21 NY3d 339, 346 [2013]; People v Droz, 39 NY2d 457, 462 [1976]; People v Bennett, 29 NY2d 462, 466 [1972]; People v Henderson, 118 AD3d 1020, 1022 [2014]).
discussed
Cited as authority (rule)
People v. Sanchez
A defendant bears the burden of establishing that he or she was deprived of the effective assistance of counsel by showing the absence of strategic or other legitimate explanations for counsel’s performance (see People v Flores, 84 NY2d 184, 186 [1994]; People v Henderson, 118 AD3d 1020, 1023 [2014]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Jauan Griffith
v.
Jauan Griffith
Appellate Division of the Supreme Court of the State of New York.
Jun 25, 2014.
Austin, Dillon, Eng, Maltese, Sgroi.
Published
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Buchter, J.), imposed March 17, 2009, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant’s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 267 [2011]; People v Lopez, 6 NY3d 248, 257 [2006]; People v DeSimone, 80 NY2d 273, 283 [1992]) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant’s contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
Eng, EJ., Dillon, Austin, Sgroi and Maltese, JJ., concur.