People v. Jarvis

Valentino and Whalen, JJ. (dissenting).

We respectfully dissent. We disagree with the majority’s conclusion that defendant was deprived of effective assistance of counsel, and we therefore would affirm the judgment of conviction.

First, we cannot agree with the majority that defense counsel was ineffective for failing to object when the prosecutor elicited testimony from a certain prosecution witness that defendant threatened her, despite County Court’s pretrial ruling precluding such testimony. In our view, defendant failed to meet his burden of establishing the absence of a strategic or other…