Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 New York opinions name it 2 courts 1981–2016 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Baldigreen2 sentences2016Defendant further points out that defense counsel focused upon the charge of criminal sexual act in the first degree to the exclusion of the other counts, but “an attorney is not required to argue factual innocence at the expense of a stronger defense” (People v Baldi, 54 NY2d 137, 148 [1981]; accord People v Plaisted, 2 AD3d 906, 909-910 [2003], lv denied 2 NY3d 744 [2004]). 2003However, “losing trial tactics or [an] unsuccessful attempt[ ] to advance the best possible defense,” will not constitute ineffective assistance (People v Henry, 95 NY2d 563, 565 [2000]; see People v Curry, 294 AD2d 608, 611 [2002], lv denied 98 NY2d 674 [2002]). “ ‘[A]n attorney is not required to argue factual innocence at the expense of a stronger defense’ ” (People v Tommaselli, 102 AD2d 943, 944 [1984], quoting People v Baldi, supra at 148 ). | 3 | 5 |
People v. Plaistedgreen1 sentence2016Defendant further points out that defense counsel focused upon the charge of criminal sexual act in the first degree to the exclusion of the other counts, but “an attorney is not required to argue factual innocence at the expense of a stronger defense” (People v Baldi, 54 NY2d 137, 148 [1981]; accord People v Plaisted, 2 AD3d 906, 909-910 [2003], lv denied 2 NY3d 744 [2004]). | 1 | 1 |
People v. Plaistedgreen1 sentence2016Defendant further points out that defense counsel focused upon the charge of criminal sexual act in the first degree to the exclusion of the other counts, but “an attorney is not required to argue factual innocence at the expense of a stronger defense” (People v Baldi, 54 NY2d 137, 148 [1981]; accord People v Plaisted, 2 AD3d 906, 909-910 [2003], lv denied 2 NY3d 744 [2004]). | 1 | 1 |
People v. Henrygreen1 sentence2003However, “losing trial tactics or [an] unsuccessful attempt[ ] to advance the best possible defense,” will not constitute ineffective assistance (People v Henry, 95 NY2d 563, 565 [2000]; see People v Curry, 294 AD2d 608, 611 [2002], lv denied 98 NY2d 674 [2002]). “ ‘[A]n attorney is not required to argue factual innocence at the expense of a stronger defense’ ” (People v Tommaselli, 102 AD2d 943, 944 [1984], quoting People v Baldi, supra at 148 ). | 1 | 1 |
People v. Trussgreen1 sentence2003“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, supra at 147 ; accord People v Curry, supra at 611). | 1 | 1 |
People v. Currygreen1 sentence2003However, “losing trial tactics or [an] unsuccessful attempt[ ] to advance the best possible defense,” will not constitute ineffective assistance (People v Henry, 95 NY2d 563, 565 [2000]; see People v Curry, 294 AD2d 608, 611 [2002], lv denied 98 NY2d 674 [2002]). “ ‘[A]n attorney is not required to argue factual innocence at the expense of a stronger defense’ ” (People v Tommaselli, 102 AD2d 943, 944 [1984], quoting People v Baldi, supra at 148 ). | 1 | 1 |
People v. Tommaselligreen1 sentence2003However, “losing trial tactics or [an] unsuccessful attempt[ ] to advance the best possible defense,” will not constitute ineffective assistance (People v Henry, 95 NY2d 563, 565 [2000]; see People v Curry, 294 AD2d 608, 611 [2002], lv denied 98 NY2d 674 [2002]). “ ‘[A]n attorney is not required to argue factual innocence at the expense of a stronger defense’ ” (People v Tommaselli, 102 AD2d 943, 944 [1984], quoting People v Baldi, supra at 148 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Aiken
green
2 sentences1984As noted above, while defendant, “aided by the wisdom of hindsight”, may wish his attorney.had argued that he was completely innocent, the fact that he pursued tactics which proved unsuccessful does not constitute ineffectiveness (People v Aiken, supra, p 399 ). 1983We have previously stated that an attorney is not required to argue factual innocence at the expense of a stronger defense (People v Baldi, 54 NY2d 137, 148 ) and counsel’s failure to succeed after relying on the defense of insanity may not be viewed, with the benefit of hindsight, as evidence of ineffectiveness (see People v Aiken, 45 NY2d 394 ). | 2 | 1983–1984 |
People v. Ford
green
1 sentence1981Just as an attorney whose client offers a weak alibi defense may choose as a matter of strategy to adopt another tack (see People v Ford, 46 NY2d 1021 ), so, too, an attorney is not required to argue factual innocence at the expense of a stronger defense. | 1 | 1981–1981 |