A convict who has served 22 years of a 50-years-to-life sentence for a double homicide narrowly won a new trial after more than two decades of trying to persuade the courts that he was denied effective assistance of counsel.
The Appellate Division, Fourth Department, which affirmed Kharye Jarvis’ conviction and sentence in 1994, now says in a 3-2 decision that his trial attorney committed grievous errors, that the prosecutor exploited those mistakes and that the defendant’s appellate counsel failed to bring this to the attention of the justices in Rochester some 19 years ago.
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