People v. Walston
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant’s contention that he was deprived of the effective assistance of counsel is without merit. The defendant’s claim is based upon defense counsel’s failure to request a charge of manslaughter in the second degree as a lesser-included offense of murder in the second degree. “What constitutes effec*1157tive assistance is not and cannot be fixed with yardstick precision, but varies according to the unique circumstances of each representation” (People v Baldi, 54 NY2d 137, 146 [1981]). The critical issue is whether, viewing the evidence, the law, and the circumstances of the case together…
2Cases cited19 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. BaldiNew York Court of Appeals · 1981
- People v. BeneventoNew York Court of Appeals · 1998
- People v. O'RamaNew York Court of Appeals · 1991
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3Cited by6 opinions
- People v. MazariegoAppellate Division of the Supreme Court of the State of New York · 2014
- People v. CollinsAppellate Division of the Supreme Court of the State of New York · 2013
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2013
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2013
- People v. CollinsAppellate Division of the Supreme Court of the State of New York · 2013
1 more not listed; retrieve them via the Exa API.