X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Justice Price Click here to see Judicial Profile http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=119948 DEFENDANT, convicted after a non-jury trial of criminal possession of a weapon, moved to vacate the judgment arguing he was denied effective assistance of counsel. Defendant argued that trial counsel’s strategical advice and decisions were neither objectively reasonable nor tactically justified. He contended trial counsel encouraged him to waive a jury trial because counsel believed the court would acquit defendant based on his observation that the judge gave him a “wink.” The court ruled it was evident trial counsel’s decision to opt for a non-jury trial was part of an overall defense strategy. It stated that was apparently an effective strategy as defendant was acquitted of the most serious charges. The court concluded that neither counsel’s regret nor his perceived “sins” constituted anything other than strategical and tactical decisions “gone awry.” Thus, the court said a defendant who relies on counsel’s assurances that a judge would find in his favor merely because of how the judge “unmistakably looks” at counsel, and later learned that counsel was mistaken, was not a serious basis for a Criminal Procedure Law §440.10 motion. Hence, vacatur was denied as defendant entered a knowing and voluntary jury waiver and received effective assistance.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.