An attorney’s failure to assert that his client, following a heated argument with his girlfriend, was justified in driving her truck wildly out of a parking lot while she swung from an open door did not constitute ineffective assistance of counsel, a divided Brooklyn appellate panel has ruled.
The ruling was one of two recent decisions by the Appellate Division, Second Department, considering counsel effectiveness claims. In the other case, a unanimous panel agreed with the defendant and ordered a new trial.
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