Sixth Amendment violation in New York

2015Likewise, in Padilla v Kentucky ( 559 US 356 [2010]), the Court, while struggling with how to classify deportation, strongly suggested that the direct/collateral framework was viable for analyzing a Sixth Amendment claim of ineffective assistance of counsel and that if a consequence of a criminal conviction is collateral it is removed from the ambit of the Sixth Amendment’s right to counsel.

2015Likewise, in Padilla v Kentucky ( 559 US 356 [2010]), the Court, while struggling with how to classify deportation, strongly suggested that the direct/collateral framework was viable for analyzing a Sixth Amendment claim of ineffective assistance of counsel and that if a consequence of a criminal conviction is collateral it is removed from the ambit of the Sixth Amendment’s right to counsel.

2026Upon the combined record, the motion court correctly rejected defendant's Sixth Amendment claim under McCoy v Louisiana ( 584 US 414 [2018]) and her claim of ineffective assistance of counsel ( see People v Benevento , 91 NY2d 708, 713-714 [1998]; Strickland v Washington , 466 US 668 [1984]).

2002(See, Rosa Hair Stylists v Jaber Food Corp., 218 AD2d 793, 794 [2d Dept 1995].) As a threshold matter, the State contends because NYCLA does not intend to prove that any particular Family Court disposition or criminal conviction has been entered into in violation of an individual’s state or federal constitutional rights, its application for a mandatory preliminary injunction must be denied since there can be no Sixth Amendment violation in the absence of a conviction or adverse determination pursuant to the standard set forth in Strickland v Washington ( 466 US 668 [1984]), and therefore NYCLA

2026Upon the combined record, the motion court correctly rejected defendant's Sixth Amendment claim under McCoy v Louisiana ( 584 US 414 [2018]) and her claim of ineffective assistance of counsel ( see People v Benevento , 91 NY2d 708, 713-714 [1998]; Strickland v Washington , 466 US 668 [1984]).

2023The record supports the motion court's findings ( 74 Misc 3d 953 [Sup Ct, Bronx County 2022]), in which it rejected defendant's Sixth Amendment claim under McCoy v Louisiana ( 584 US __ , 138 S Ct 1500 [2018]) and his claim of ineffective assistance of counsel.

2024In any event, while the decisions of a court of coordinate jurisdiction are entitled to respectful consideration, they are not binding. [ East River Realty Co., LLC v. New York State Department of Environmental Conservation , 22 Misc 3d 404, 413 (Sup. Ct. 2008), aff'd 68 AD3d 564 (1st Dept. 2009); Matter of DaimlerChrysler Corp. v. Spitzer , 6 Misc 3d 228, 236 (Sup. Ct. 2004), aff'd 26 AD3d 88 (3d Dept. 2005), aff'd 7 NY3d 653 (2006)].

2024In any event, while the decisions of a court of coordinate jurisdiction are entitled to respectful consideration, they are not binding. [ East River Realty Co., LLC v. New York State Department of Environmental Conservation , 22 Misc 3d 404, 413 (Sup. Ct. 2008), aff'd 68 AD3d 564 (1st Dept. 2009); Matter of DaimlerChrysler Corp. v. Spitzer , 6 Misc 3d 228, 236 (Sup. Ct. 2004), aff'd 26 AD3d 88 (3d Dept. 2005), aff'd 7 NY3d 653 (2006)].

2024In any event, while the decisions of a court of coordinate jurisdiction are entitled to respectful consideration, they are not binding. [ East River Realty Co., LLC v. New York State Department of Environmental Conservation , 22 Misc 3d 404, 413 (Sup. Ct. 2008), aff'd 68 AD3d 564 (1st Dept. 2009); Matter of DaimlerChrysler Corp. v. Spitzer , 6 Misc 3d 228, 236 (Sup. Ct. 2004), aff'd 26 AD3d 88 (3d Dept. 2005), aff'd 7 NY3d 653 (2006)].

2024In any event, while the decisions of a court of coordinate jurisdiction are entitled to respectful consideration, they are not binding. [ East River Realty Co., LLC v. New York State Department of Environmental Conservation , 22 Misc 3d 404, 413 (Sup. Ct. 2008), aff'd 68 AD3d 564 (1st Dept. 2009); Matter of DaimlerChrysler Corp. v. Spitzer , 6 Misc 3d 228, 236 (Sup. Ct. 2004), aff'd 26 AD3d 88 (3d Dept. 2005), aff'd 7 NY3d 653 (2006)].

2024In any event, while the decisions of a court of coordinate jurisdiction are entitled to respectful consideration, they are not binding. [ East River Realty Co., LLC v. New York State Department of Environmental Conservation , 22 Misc 3d 404, 413 (Sup. Ct. 2008), aff'd 68 AD3d 564 (1st Dept. 2009); Matter of DaimlerChrysler Corp. v. Spitzer , 6 Misc 3d 228, 236 (Sup. Ct. 2004), aff'd 26 AD3d 88 (3d Dept. 2005), aff'd 7 NY3d 653 (2006)].

2024In any event, while the decisions of a court of coordinate jurisdiction are entitled to respectful consideration, they are not binding. [ East River Realty Co., LLC v. New York State Department of Environmental Conservation , 22 Misc 3d 404, 413 (Sup. Ct. 2008), aff'd 68 AD3d 564 (1st Dept. 2009); Matter of DaimlerChrysler Corp. v. Spitzer , 6 Misc 3d 228, 236 (Sup. Ct. 2004), aff'd 26 AD3d 88 (3d Dept. 2005), aff'd 7 NY3d 653 (2006)].

2013On February 20, 2013, the United States Supreme Court, in Chaidez v United States (568 US —, 133 S Ct 1103 [2013]), held that Padilla , decided on March 31, 2010, announced a new rule pursuant to the principle's set forth in Teague v Lane ( 489 US 288 [1989]), that the Sixth Amendment requires defense attorneys to inform noncitizen clients of the deportation risks of guilty pleas.

2013On February 20, 2013, the United States Supreme Court, in Chaidez v United States (568 US —, 133 S Ct 1103 [2013]), held that Padilla , decided on March 31, 2010, announced a new rule pursuant to the principle's set forth in Teague v Lane ( 489 US 288 [1989]), that the Sixth Amendment requires defense attorneys to inform noncitizen clients of the deportation risks of guilty pleas.

1982The test to determine whether a Sixth Amendment claim that a petit jury was not “drawn from a source fairly representative of the community” (Taylor v Louisiana, 419 US 522, 538 , supra) is found in Duren v Missouri ( 439 US 357, 364 , supra).

1982The test to determine whether a Sixth Amendment claim that a petit jury was not “drawn from a source fairly representative of the community” (Taylor v Louisiana, 419 US 522, 538 , supra) is found in Duren v Missouri ( 439 US 357, 364 , supra).

1982The test to determine whether a Sixth Amendment claim that a petit jury was not “drawn from a source fairly representative of the community” (Taylor v Louisiana, 419 US 522, 538 , supra) is found in Duren v Missouri ( 439 US 357, 364 , supra).

1982The test to determine whether a Sixth Amendment claim that a petit jury was not “drawn from a source fairly representative of the community” (Taylor v Louisiana, 419 US 522, 538 , supra) is found in Duren v Missouri ( 439 US 357, 364 , supra).

2018In other words, those cases do not stand for the proposition that federal penalties that flow{**32 NY3d at 505} from state convictions must be excluded from the Sixth Amendment analysis simply because they are imposed by a legislature other than the local one. [FN5] Moreover, while the Supreme Court has explained that courts need not look to how other states classify their crimes—as either petty or serious—when undertaking a Sixth Amendment analysis ( see Nachtigal , 507 US at 4 [observing that "the statutory penalties in other (s)tates are irrelevant to the question whether a particular legis

2018In other words, those cases do not stand for the proposition that federal penalties that flow{**32 NY3d at 505} from state convictions must be excluded from the Sixth Amendment analysis simply because they are imposed by a legislature other than the local one. [FN5] Moreover, while the Supreme Court has explained that courts need not look to how other states classify their crimes—as either petty or serious—when undertaking a Sixth Amendment analysis ( see Nachtigal , 507 US at 4 [observing that "the statutory penalties in other (s)tates are irrelevant to the question whether a particular legis

2018In other words, those cases do not stand for the proposition that federal penalties that flow{**32 NY3d at 505} from state convictions must be excluded from the Sixth Amendment analysis simply because they are imposed by a legislature other than the local one. [FN5] Moreover, while the Supreme Court has explained that courts need not look to how other states classify their crimes—as either petty or serious—when undertaking a Sixth Amendment analysis ( see Nachtigal , 507 US at 4 [observing that "the statutory penalties in other (s)tates are irrelevant to the question whether a particular legis

2018In other words, those cases do not stand for the proposition that federal penalties that flow{**32 NY3d at 505} from state convictions must be excluded from the Sixth Amendment analysis simply because they are imposed by a legislature other than the local one. [FN5] Moreover, while the Supreme Court has explained that courts need not look to how other states classify their crimes—as either petty or serious—when undertaking a Sixth Amendment analysis ( see Nachtigal , 507 US at 4 [observing that "the statutory penalties in other (s)tates are irrelevant to the question whether a particular legis

2018Although "presumptive prejudice cannot alone carry a Sixth Amendment claim without regard to the other Barker criteria, ... it is part of the mix of relevant facts, and its importance increases with the length of delay" ( id. at 656 , 112 S.Ct. 2686 ).

2018Although "presumptive prejudice cannot alone carry a Sixth Amendment claim without regard to the other Barker criteria, ... it is part of the mix of relevant facts, and its importance increases with the length of delay" ( id. at 656 , 112 S.Ct. 2686 ).

2018Similarly, in Taranovich we refused to "depart from the now traditional view in this court that where [under] the circumstances delay is great enough there need be neither proof nor fact of prejudice to the defendant" ( Taranovich , 37 N.Y.2d at 447 , 373 N.Y.S.2d 79 , 335 N.E.2d 303 ).

2018Similarly, in Taranovich we refused to "depart from the now traditional view in this court that where [under] the circumstances delay is great enough there need be neither proof nor fact of prejudice to the defendant" ( Taranovich , 37 N.Y.2d at 447 , 373 N.Y.S.2d 79 , 335 N.E.2d 303 ).

2016It further observed that “the comparative reliability of an analyst’s testimonial report drawn from machine-produced data does not overcome the Sixth Amendment bar” ( 564 US at 661 ).