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The New York Court of Appeals left no question this week about its continuing preference for the state's standard for establishing ineffective assistance of counsel over that used in federal courts. The court's comment -- "Our state standard ... offers greater protection than the federal test" -- was especially timely in light of recent federal court action, as both the 2nd Circuit and Eastern District of New York Judge Jack B. Weinstein have recently weighed in on the difference between the two standards.
June 17, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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