New York’s higher expectations for defense counsel led a Brooklyn appellate panel to reverse a conviction on ineffective assistance grounds even though the lawyer’s performance did not fall below federal standards.
People v. Canales, 2013 NY Slip Op 06376, is a case where the trial court reversed a murder conviction for ineffective assistance but, relying on federal law, upheld a conviction on a weapon possession charge. The Appellate Division, Second Department, said Brooklyn Supreme Court Justice Joel Goldberg (See Profile) should have applied the higher New York standard and reversed the gun conviction as well.
