ALBANY – The failure of a defense lawyer to aggressively question a 9-year-old sex abuse victim about inconsistencies in her testimony did not deprive the defendant of effective assistance of counsel, an upstate appeals court has decided.
An Appellate Division, Third Department, panel ruled unanimously in People v. Izzo, 104106, that the alleged inconsistencies concerned only "immaterial aspects" of her testimony and that the girl plausibly explained that she could not remember some precise details of her ordeal.
