A convicted murderer whose co-defendant was granted a new trial based on ineffective assistance of counsel is not entitled to a new trial himself because of “spillover prejudice,” a Brooklyn Supreme Court justice has ruled.

Although acknowledging that the attorney for Fitzroy McNeill was “very influential” in the strategic decisions found to be ineffective in his co-defendant’s case, Acting Justice Joseph Kevin McKay, in People v. McNeill, 8802-92, concluded that any spillover prejudice did not constitute a violation of his Sixth Amendment rights, and that McNeill had failed to prove ineffective assistance by his own counsel.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]