expense of a stronger defense (New York) · Go Syfert
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expense of a stronger defense in New York

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.

Followed or applied (7)

CaseFollowedCited
People v. Baldigreen
ny · 1981 · cited in 5 New York opinions naming this issue, 1983–2016
2 sentences

2016Defendant 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 ).

35
People v. Plaistedgreen
nyappdiv · 2003 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016Defendant 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]).

11
People v. Plaistedgreen
ny · 2004 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016Defendant 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]).

11
People v. Henrygreen
ny · 2000 · cited in 1 New York opinions naming this issue, 2003–2003
1 sentence

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 ).

11
People v. Trussgreen
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2003–2003
1 sentence

2003“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).

11
People v. Currygreen
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2003–2003
1 sentence

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 ).

11
People v. Tommaselligreen
nyappdiv · 1984 · cited in 1 New York opinions naming this issue, 2003–2003
1 sentence

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 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
People v. Aiken green
ny · 1978
2 sentences

1984As 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 ).

21983–1984
People v. Ford green
ny · 1979
1 sentence

1981Just 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.

11981–1981

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