ineffective assistance claim in New York

2026The focus is on whether defense counsel's acts or omissions were such that defendant did not receive a fair trial ( see People v Benevento , 91 NY2d 708, 713-714 [1998]) and, for a defendant to prevail on an ineffective assistance claim, defense counsel's conduct must be "egregious and prejudicial" ( People v Williams , 273 AD2d 824, 826 [4th Dept 2000], lv denied 95 NY2d 893 [2000] [internal quotation marks omitted]).

2025In the criminal context, "[t]o prevail on an ineffective assistance claim, [the party bringing the claim] must demonstrate the absence of strategic or other legitimate explanations—i.e., those that would be consistent with the decisions of a reasonably competent attorney—for the alleged deficiencies of counsel" (People v Maffei, 35 NY3d 264 , 269 [2020] [internal quotation marks omitted]; see also People v Benevento , 91 NY2d 708, 712 [1998]).

2014Where, as here, an ineffective assistance claim is based on a particular error in counsel’s performance, “it is incumbent on defendant to demonstrate the absence of strategic or other legitimate explanations” for counsel’s alleged shortcoming (People v Rivera, 71 NY2d 705, 709 [1988]; see People v Caban, 5 NY3d 143, 152 [2005]; People v Baugh, 91 AD3d 965, 966 [2012]).

2014Where, as here, an ineffective assistance claim is based on a particular error in counsel’s performance, “it is incumbent on defendant to demonstrate the absence of strategic or other legitimate explanations” for counsel’s alleged shortcoming (People v Rivera, 71 NY2d 705, 709 [1988]; see People v Caban, 5 NY3d 143, 152 [2005]; People v Baugh, 91 AD3d 965, 966 [2012]).

2017This, however, does not mean that the strength of the People’s case is completely irrevelant to an ineffective assistance claim, as the Court of Appeals observed in the very decisions cited by the majority (see id. at 155-156 [“we continue to regard a defendant’s showing of prejudice as a significant but not indispensable element in assessing meaningful representation” (internal quotation marks omitted)]; Benevento, 91 NY2d at 714 [“whether defendant would have been acquitted of the charges but for counsel’s errors is relevant, but not dispositive under the State constitutional guarantee of ef

2017This, however, does not mean that the strength of the People's case is completely irrelevant to an ineffective assistance claim, as the Court of Appeals observed in the very decisions cited by the majority ( see id. at 155-156 ["we continue to regard a defendant's showing of prejudice as a significant but not indispensable element in assessing meaningful representation"] [internal quotation marks omitted]; Benevento , 91 NY2d at 714 ["whether defendant would have been acquitted of the charges but for counsel's errors is relevant, but not dispositive under the State constitutional guarantee of

2017Since the defendant’s claim cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the ineffective assistance claim in its entirety (see People v Fields, 132 AD3d 1012, 1012-1013 [2015]; People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d 1108, 1109 [2011]; see also People v Caldavado, 26 NY3d 1034, 1036-1037 [2015]; People v Bailey, 144 AD3d 1562 [2016]).

2016The defendant’s ineffective assistance claim is based, in part, on matter appearing on the record and, in part, on matter outside the record and, thus, constitutes a “mixed claim” of ineffective assistance (People v Maxwell, 89 AD3d 1108, 1109 [2011]; see People Evans, 16 NY3d 571 , 575 n 2, 580).

2025"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 necessarily indispensable" ( People v Bank , 28 NY3d 131, 137 [2016]; see People v Baldi , 54 NY2d 137, 147 [1981]; People v Oliver , 162 AD3d 1722 , 1723 [4th Dept 2018]).

2021"In general, an ineffective assistance claim does not lie 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" ( People v Rudolph , 170 AD3d 1258 , 1262 [2019] [internal quotation marks and citations omitted], lv denied 34 NY3d 937 [2019]; see People v Baldi , 54 NY2d 137, 147 [1981]).

2018We find that counsel's misadvice regarding the immigration consequences of defendant's plea, as established by the record of the plea proceeding, fell below an objective standard of reasonableness, thereby satisfying the first prong of the federal test for evaluating an ineffective assistance claim ( see Strickland v Washington , 466 US 668, 687 [1984]; McDonald , 1 NY3d at 113-114 ["A defendant must show that counsel's performance was deficient' and that the deficient [*2]performance prejudiced the defense'").

2015Claims such as defendant’s, presenting a clear-cut, objectively unreasonable failure by counsel to obtain the dismissal of a time-barred count, instance precisely the sort of breakdown in the adversary process understood in Strickland to be the quintessential ground for and target of an ineffective assistance claim (Strickland v Washington, 466 US at 696 ).

2013Nonetheless, we have recognized that a single clear-cut error may be profoundly prejudicial and thus itself a sufficient ground for an ineffective assistance claim (People v Turner, 5 NY3d 476 [2005]).

2012Even "significant mistakes by defense counsel" will not necessarily sustain an ineffective assistance claim ( People v Turner, 5 NY3d 476, 480 [2005], citing People v Hobot, 84 NY2d 1021 [1995] and People v Flores, 84 NY2d 184 [1994]).

2022A defendant cannot meet this burden unless he or she proves that no strategic or other legitimate explanations existed to justify counsel's perceived inadequacies" ( People v Perry , 154 AD3d 1168, 1171 [2017] [internal quotation marks and citations omitted]).

2019Defendant further argues that he was denied the effective assistance of counsel. " To prevail on an ineffective assistance claim, a defendant bears the burden of demonstrating that defense counsel deprived him or her of a fair trial by providing less than meaningful representation" ( People v Perry , 154 AD3d 1168, 1171 [2017] [internal quotation marks and citations omitted]).

2018"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 necessarily indispensable" ( People v Bank , 28 NY3d 131, 137 [2016]; see Stultz , 2 NY3d at 283-284 ).

2016In 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 necessarily indispensable (People v Henry, 95 NY2d 563, 565 [2000]; see People v Stultz, 2 NY3d 277, 284 [2004]; People v Benevento, 91 NY2d 708, 712 [1998]).

2016In this case, it is not evident from the matter appearing on the record that the defendant was deprived of the effective assistance of counsel (cf. People v Crump, 53 NY2d 824, 825 [1981]; People v Brown, 45 NY2d 852, 853-854 [1978]).

2011This is a case where the trial record itself permits review of the ineffective assistance claim (see People v Brown, 45 NY2d 852, 853 [1978]).

2016The defendant’s ineffective assistance claim is based, in part, on matter appearing on the record and, in part, on matter outside the record and, thus, constitutes a “mixed claim” of ineffective assistance (People v Maxwell, 89 AD3d 1108, 1109 [2011]; see People Evans, 16 NY3d 571 , 575 n 2, 580).

2015The defendant’s ineffective assistance claim is based, in part, on matter appearing on the record and, in part, on matter outside the record and, thus, constitutes a “mixed claim” of ineffective assistance (People v Maxwell, 89 AD3d 1108, 1109 [2011]; see People v Evans, 16 NY3d 571 , 575 n 2 [2011]).

2012Even "significant mistakes by defense counsel" will not necessarily sustain an ineffective assistance claim ( People v Turner, 5 NY3d 476, 480 [2005], citing People v Hobot, 84 NY2d 1021 [1995] and People v Flores, 84 NY2d 184 [1994]).

2012Even “significant mistakes by defense counsel” will not necessarily sustain an ineffective assistance claim (People v Turner, 5 NY3d 476, 480 [2005], citing People v Hobot, 84 NY2d 1021 [1995] and People v Flores, 84 NY2d 184 [1994]).

2014Where, as here, an ineffective assistance claim is based on a particular error in counsel’s performance, “it is incumbent on defendant to demonstrate the absence of strategic or other legitimate explanations” for counsel’s alleged shortcoming (People v Rivera, 71 NY2d 705, 709 [1988]; see People v Caban, 5 NY3d 143, 152 [2005]; People v Baugh, 91 AD3d 965, 966 [2012]).

2014Where, as here, an ineffective assistance claim is based on a particular error in counsel’s performance, “it is incumbent on defendant to demonstrate the absence of strategic or other legitimate explanations” for counsel’s alleged shortcoming (People v Rivera, 71 NY2d 705, 709 [1988]; see People v Caban, 5 NY3d 143, 152 [2005]; People v Baugh, 91 AD3d 965, 966 [2012]).

2018We find that counsel's misadvice regarding the immigration consequences of defendant's plea, as established by the record of the plea proceeding, fell below an objective standard of reasonableness, thereby satisfying the first prong of the federal test for evaluating an ineffective assistance claim ( see Strickland v Washington , 466 US 668, 687 [1984]; McDonald , 1 NY3d at 113-114 ["A defendant must show that counsel's performance was deficient' and that the deficient [*2]performance prejudiced the defense'").

2016In a case that was decided seven years prior to Padilla , the New York Court of Appeals recognized that, under certain circumstances, an attorney’s affirmative misrepresentation as to the immigration consequences of a guilty plea can support an ineffective assistance of counsel claim (People v McDonald, 1 NY3d 109 [2003]).

2026The focus is on whether defense counsel's acts or omissions were such that defendant did not receive a fair trial ( see People v Benevento , 91 NY2d 708, 713-714 [1998]) and, for a defendant to prevail on an ineffective assistance claim, defense counsel's conduct must be "egregious and prejudicial" ( People v Williams , 273 AD2d 824, 826 [4th Dept 2000], lv denied 95 NY2d 893 [2000] [internal quotation marks omitted]).

2024The focus is on whether defense counsel's acts or omissions were such that defendant did not receive a fair trial ( see People v Benevento , 91 NY2d 708, 713-714 [1998]), and for a defendant to prevail on an ineffective assistance claim, defense counsel's conduct must be "egregious and prejudicial" ( People v Williams , 273 AD2d 824, 826 [4th Dept 2000], lv denied 95 NY2d 893 [2000] [internal quotation marks omitted]).

2025"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 necessarily indispensable" ( People v Bank , 28 NY3d 131, 137 [2016]; see People v Baldi , 54 NY2d 137, 147 [1981]; People v Oliver , 162 AD3d 1722 , 1723 [4th Dept 2018]).

2018"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 necessarily indispensable" ( People v Bank , 28 NY3d 131, 137 [2016]; see Stultz , 2 NY3d at 283-284 ).

2021"Further, it is well settled that in the context of a guilty plea, a defendant has been afforded meaningful representation when he or she receives an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel" ( People v Roshia , 133 AD3d 1029, 1031 [2015] [internal quotation marks, brackets and citations omitted], affd 28 NY3d 989 [2016]; see People v Rudolph , 170 AD3d at 1262).

2019In general, "an ineffective assistance claim does not lie 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" ( People v Roshia , 133 AD3d 1029, 1031 [2015] [internal quotation marks, brackets and citation omitted], affd 28 NY3d 989 [2016]; see People v Cassala , 130 AD3d 1252, 1253 [2015], lv denied 27 NY3d 994 [2016]).

2019In the context of a plea, a "defendant has been afforded meaningful representation when he or she receives an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel" ( People v Jackson , 128 AD3d 1279, 1280 [2015] [internal quotation marks and citation omitted], lv denied 26 NY3d 930 [2015]; see People v Wares , 124 AD3d 1079, 1080 [2015], lv denied 25 NY3d 993 [2015]).

2015Further, “[i]t is well settled that, in the context of a guilty plea, a defendant has been afforded meaningful representation when he or she receives an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel” (People v Wares, 124 AD3d 1079, 1080 [2015], lv denied 25 NY3d 993 [2015]; accord People v Vonneida, 130 AD3d 1322, 1322 [2015]).

2014Where an ineffective assistance claim is based upon a particular error in counsel’s performance, the defendant must demonstrate the absence of strategic or otherwise legitimate explanations for counsel’s allegedly deficient conduct (see People v Baugh, 91 AD3d 965 [2012]; People v Koki, 74 AD3d 987 [2010]).

2014Where an ineffective assistance claim is based upon a particular error in counsel’s performance, the defendant must demonstrate the absence of strategic or otherwise legitimate explanations for counsel’s allegedly deficient conduct (see People v Baugh, 91 AD3d 965 [2012]; People v Koki, 74 AD3d 987 [2010]).

2014The defendant here failed to establish that there was no legitimate explanation for defense counsel’s failure to move to reopen the Wade hearing based on the complainant’s testimony at trial (see People v Baugh, 91 AD3d 965 [2012]; People v Elamin, 82 AD3d 1664 [2011]).

2014The defendant here failed to establish that there was no legitimate explanation for defense counsel’s failure to move to reopen the Wade hearing based on the complainant’s testimony at trial (see People v Baugh, 91 AD3d 965 [2012]; People v Elamin, 82 AD3d 1664 [2011]).

1997The People argue on appeal that this Court should decline to review the ineffective assistance claim since an inadequate record, not amplified by way of a CPL 440.10 motion, exists to permit review of counsel’s strategic decisions (see, People v Satterfield, 66 NY2d 796 ; People v Love, 57 NY2d 998 ).

1989A unanimous Court of Appeals in People v Satterfield ( 66 NY2d 796, 798 [1985]) decided "[i]n reviewing claims of ineffective assistance care must be taken to 'avoid both confusing true ineffectiveness [of counsel] with mere losing tactics and according undue significance to retrospective analysis.’ (People v Baldi, 54 NY2d 137, 146 .)” The United States Supreme Court in Kimmelman v Morrison ( 477 US 365, 374 [1986]) noted "[t]he essence of an ineffective-assistance claim is that counsel’s unprofessional errors so upset the adversarial balance between defense and prosecution that the trial was

2026While "a defendant unquestionably has the right to chart his [or her] own defense" ( People v DeGina , 72 NY2d 768, 776 ), "[m]atters of strategy and tactics, such as whether to request the submission of lesser-included offenses for the jury's consideration, . . . generally fall within the purview of counsel" ( People v Clark , 129 AD3d 1, 11 [citations omitted], affd 28 NY3d 556 ; see People v Colville , 20 NY3d 20, 32 ).

2026To prevail on an ineffective assistance claim, "a defendant must establish that counsel failed to provide meaningful representation and thus deprived defendant of a fair trial" (<i>People v Clark</i>, 28 NY3d 556, 562 [2016]).

2019Rather, a CPL 440.10 proceeding is the appropriate forum for reviewing the ineffective assistance claim in its entirety ( see People v Freeman , 93 AD3d at 806 ).

2017Since the defendant’s claim cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the ineffective assistance claim in its entirety (see People v Fields, 132 AD3d 1012, 1012-1013 [2015]; People v Freeman, 93 AD3d 805, 806 [2012]; People v Maxwell, 89 AD3d 1108, 1109 [2011]; see also People v Caldavado, 26 NY3d 1034, 1036-1037 [2015]; People v Bailey, 144 AD3d 1562 [2016]).