facts relevant defense in New York

2026Thus, it is well-settled that a defendant is entitled "to have counsel conduct appropriate investigations, both factual and legal," to develop a defense and "to allow [counsel] time for reflection and preparation for trial" or other resolution of the matter ( People v Bennett , 29 NY2d 462, 466 [1972] [internal quotation marks omitted]; Oliveras , 21 NY3d at 346 [same]; see People v Droz , 39 NY2d 457, 462 [1976] ["(I)t is elementary that the right to effective representation includes the right to assistance by an attorney who has taken the time to review and prepare both the law and the facts

2025Under both standards, an attorney who performs in an objectively reasonable fashion is one who, at a minimum, "take[s] the time to review and prepare both the law and the facts relevant to the defense" ( People v Droz , 39 NY2d 457, 462 [1976]).

2026Thus, it is well-settled that a defendant is entitled "to have counsel conduct appropriate investigations, both factual and legal," to develop a defense and "to allow [counsel] time for reflection and preparation for trial" or other resolution of the matter ( People v Bennett , 29 NY2d 462, 466 [1972] [internal quotation marks omitted]; Oliveras , 21 NY3d at 346 [same]; see People v Droz , 39 NY2d 457, 462 [1976] ["(I)t is elementary that the right to effective representation includes the right to assistance by an attorney who has taken the time to review and prepare both the law and the facts

2017Thus, ‘[a] defendant’s right to representation does entitle him to have counsel conduct appropriate investigations, both factual and legal, to determine if matters of defense can be developed, and to allow himself time for reflection and preparation for trial’ ” (People v Oliveras, 21 NY3d at 346 , quoting People v Bennett, 29 NY2d 462, 466 [1972]; see People v Droz, 39 NY2d 457, 462 [1976] [“it is elementary that the right to effective representation includes the right to assistance by an attorney who has taken the time to review and prepare both the law and the facts relevant to the defense”

2026Thus, it is well-settled that a defendant is entitled "to have counsel conduct appropriate investigations, both factual and legal," to develop a defense and "to allow [counsel] time for reflection and preparation for trial" or other resolution of the matter ( People v Bennett , 29 NY2d 462, 466 [1972] [internal quotation marks omitted]; Oliveras , 21 NY3d at 346 [same]; see People v Droz , 39 NY2d 457, 462 [1976] ["(I)t is elementary that the right to effective representation includes the right to assistance by an attorney who has taken the time to review and prepare both the law and the facts

2019"Essential to any representation, and to the attorney's consideration of the best course of action on behalf of the client, is the attorney's investigation of the law, the **273 *869 facts, and the issues that are relevant to the case" ( People v. Oliveras, 21 N.Y.3d 339 , 346, 971 N.Y.S.2d 221 , 993 N.E.2d 1241 [2013] ; see also People v. Droz, 39 N.Y.2d 457 , 462, 384 N.Y.S.2d 404 , 348 N.E.2d 880 [1976] ["(I)t is elementary that the right to effective representation includes the right to assistance by an attorney who has taken the time to review and prepare both the law and the facts releva

2025On the other hand, counsel performs deficiently where, due to an unreasonable mistake of law or failure to perform research, counsel overlooks a viable claim and no plausible strategy explains the apparent oversight ( see Hinton v Alabama , 571 US 263, 274 [2014] ["An attorney's ignorance of a point of law that is fundamental to (their) case combined with (their) failure to perform basic research on that point is a quintessential example of unreasonable performance under Strickland "]; see also People v Bennett , 29 NY2d 462, 467 [1972] ["Clearly, (where) the record unequivocally demonstrates

2025On the other hand, counsel performs deficiently where, due to an unreasonable mistake of law or failure to perform research, counsel overlooks a viable claim and no plausible strategy explains the apparent oversight ( see Hinton v Alabama , 571 US 263, 274 [2014] ["An attorney's ignorance of a point of law that is fundamental to (their) case combined with (their) failure to perform basic research on that point is a quintessential example of unreasonable performance under Strickland "]; see also People v Bennett , 29 NY2d 462, 467 [1972] ["Clearly, (where) the record unequivocally demonstrates

2012Likewise, contrary to the People’s contention, the fact that the Trial Justice agreed to consider the lesser-included offense of attempted grand larceny in the fourth degree is immaterial, since New York’s standard focuses on fundamental fairness rather than on the outcome of the case (see People v Colville, 79 AD3d at 197-198 ). “[I]t is elementary that the right to effective representation includes the right to assistance by an attorney who has taken the time to review and prepare both the law and the facts relevant to the defense” (People v Droz, 39 NY2d 457, 462 [1976]; see People v Bussey

2009Toward that end, “the right to effective representation includes the right to assistance by an attorney who has taken the time to review and prepare both the law and the facts relevant to the defense” (People v Droz, 39 NY2d 457, 462 [1976]; see People v Cyrus, 48 AD3d 150, 154 [2007], lv denied 10 NY3d 763 [2008]; People v Fogle, 10 AD3d 618, 619 [2004]; People v Bussey, 6 AD3d 621, 623 [2004], lv denied 4 NY3d 828 [2005]; People v Rojas, 213 AD2d 56, 67 [1995], lv denied 87 NY2d 907 [1995]; People ex rel.

2026The facts relevant to this claim appear on the face of the record of the plea proceeding and were, therefore, subject to review on direct appeal, and the defendant failed to establish that his failure to take an appeal from the judgment was justifiable ( see CPL 440.10[2][c]; People v Samaroo , 205 AD3d 822, 825 ; People v Terrero , 198 AD3d 930, 931 ; People v Malik , 166 AD3d 650 , 653).

2026The facts relevant to this claim appear on the face of the record of the plea proceeding and were, therefore, subject to review on direct appeal, and the defendant failed to establish that his failure to take an appeal from the judgment was justifiable ( see CPL 440.10[2][c]; People v Samaroo , 205 AD3d 822, 825; People v Terrero , 198 AD3d 930, 931; People v Malik , 166 AD3d 650, 653).

2025True ineffectiveness is not to be confused with mere losing tactics" ( People v Rodriguez , 94 AD2d 805, 807 [2d Dept 1983] [internal quotation marks and citation omitted]).

1995So 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, the constitutional requirement will have been met [citations omitted].” (See also, People v Aiken, 45 NY2d 394 .) In implementing the aforestated standard, it must be kept in mind that "it is elementary that the right to effective representation includes the right to assistance by an attorney who has taken the time to review and prepare both the law and the facts relevant to the defense” (People v

2025Stated differently, "[w]hile the inquiry focuses on the quality of the representation provided to the [defendant], the claim of ineffectiveness is ultimately concerned with the fairness of the process as a whole rather than its particular impact on the outcome of the case" ( People v Benevento , 91 NY2d 708, 714 [1998]). "[T]he right to effective representation includes the right to assistance by an attorney who has taken the time to review and prepare both the law and the facts relevant to the defense . . . and who is familiar with, and able to employ[,] . . . basic principles of criminal law

2016The New York standard focuses on “the fairness of the process as a whole” (People v Benevento, 91 NY2d at 714 ). “[T]he right to effective representation includes the right to assistance by an attorney who has taken the time to review and prepare both the law and the facts relevant to the defense” (People v Droz, 39 NY2d 457, 462 [1976]; see People v Oliveras, 21 NY3d 339, 346-347 [2013]).

1995So 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, the constitutional requirement will have been met [citations omitted].” (See also, People v Aiken, 45 NY2d 394 .) In implementing the aforestated standard, it must be kept in mind that "it is elementary that the right to effective representation includes the right to assistance by an attorney who has taken the time to review and prepare both the law and the facts relevant to the defense” (People v

1983While the standard for determining effectiveness of counsel cannot be precisely defined, “it is elementary that the right to effective representation includes the right to assistance by an attorney who has taken the time to review and prepare both the law and the facts relevant to the defense (People v Bennett, [ 29 NY2d 462 ]) and who is familiar with, and able to employ at trial basic principles of criminal law and procedure (.People v LaBree, 34 NY2d 257 ; cf. People v Jones, 25 NY2d 637 )” (People v Droz, 39 NY2d 457, 462; see, also, McMann v Richardson, 397 US 759,770-771 , affd on reh 45

2026Moreover, whether the Supreme Court apprised the defendant of any immigration consequences of his plea did not present a "'mixed claim' of ineffective assistance" ( People v DeMicheli , 129 AD3d 743, 744 , quoting People v Maxwell , 89 AD3d 1108, 1109 ; see People v Evans , 16 NY3d 571 , 575 n 2).

2026Moreover, whether the Supreme Court apprised the defendant of any immigration consequences of his plea did not present a "'mixed claim' of ineffective assistance" ( People v DeMicheli , 129 AD3d 743, 744, quoting People v Maxwell , 89 AD3d 1108, 1109; see People v Evans , 16 NY3d 571, 575 n 2).

2026Moreover, whether the Supreme Court apprised the defendant of any immigration consequences of his plea did not present a "'mixed claim' of ineffective assistance" ( People v DeMicheli , 129 AD3d 743, 744 , quoting People v Maxwell , 89 AD3d 1108, 1109 ; see People v Evans , 16 NY3d 571 , 575 n 2).

2026Moreover, whether the Supreme Court apprised the defendant of any immigration consequences of his plea did not present a "'mixed claim' of ineffective assistance" ( People v DeMicheli , 129 AD3d 743, 744, quoting People v Maxwell , 89 AD3d 1108, 1109; see People v Evans , 16 NY3d 571, 575 n 2).

2026The facts relevant to this claim appear on the face of the record of the plea proceeding and were, therefore, subject to review on direct appeal, and the defendant failed to establish that his failure to take an appeal from the judgment was justifiable ( see CPL 440.10[2][c]; People v Samaroo , 205 AD3d 822, 825 ; People v Terrero , 198 AD3d 930, 931 ; People v Malik , 166 AD3d 650 , 653).

2026The facts relevant to this claim appear on the face of the record of the plea proceeding and were, therefore, subject to review on direct appeal, and the defendant failed to establish that his failure to take an appeal from the judgment was justifiable ( see CPL 440.10[2][c]; People v Samaroo , 205 AD3d 822, 825; People v Terrero , 198 AD3d 930, 931; People v Malik , 166 AD3d 650, 653).

2026Moreover, whether the Supreme Court apprised the defendant of any immigration consequences of his plea did not present a "'mixed claim' of ineffective assistance" ( People v DeMicheli , 129 AD3d 743, 744 , quoting People v Maxwell , 89 AD3d 1108, 1109 ; see People v Evans , 16 NY3d 571 , 575 n 2).

2026Moreover, whether the Supreme Court apprised the defendant of any immigration consequences of his plea did not present a "'mixed claim' of ineffective assistance" ( People v DeMicheli , 129 AD3d 743, 744, quoting People v Maxwell , 89 AD3d 1108, 1109; see People v Evans , 16 NY3d 571, 575 n 2).

2025Inasmuch as the defendant "bears the burden of establishing [a] claim that counsel's performance is constitutionally deficient[,] . . . [the] defendant must demonstrate the absence of strategic or other legitimate explanations for counsel's alleged failure" ( People v Pavone , 26 NY3d 629, 646 [2015]; see Benevento , 91 NY2d at 712 ).

2019A reviewing court must examine whether "the evidence, the law, and the circumstances of [the] particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation" ( id. at 147 ; see People v Graham , 129 AD3d 860, 861-862 ). "[T]he right to effective representation includes the right to assistance by an attorney who has taken the time to review and prepare both the law and the facts relevant to the defense" ( People v Droz , 39 NY2d 457, 462 ; see People v McCray , 140 AD3d 794, 796 ).

2019A reviewing court must examine whether "the evidence, the law, and the circumstances of [the] particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation" ( id. at 147 ; see People v Graham , 129 AD3d 860, 861-862 ). "[T]he right to effective representation includes the right to assistance by an attorney who has taken the time to review and prepare both the law and the facts relevant to the defense" ( People v Droz , 39 NY2d 457, 462 ; see People v McCray , 140 AD3d 794, 796 ).