ALBANY – A defense attorney’s "total failure" to obtain the psychiatric records of his mentally ill client, who was later convicted of murder, constituted ineffective assistance of counsel, the state Court of Appeals ruled yesterday.
"It simply cannot be said that a total failure to investigate the facts of a case, or review pertinent records, constitutes a trial strategy resulting in meaningful representation. There is simply no legitimate explanation for this purported strategy," Judge Jenny Rivera said, writing for the majority in the 5-1 ruling in People v. Oliveras, 105.
