People v. Pries

Appeal from a judgment of the County Court of Tioga County, rendered June 3, 1976, upon a verdict convicting defendant of the crime of criminal possession of a forged instrument in the first degree. On this appeal, the issue presented is whether the failure of defendant’s attorney to request that the jury be instructed as to lesser included offenses of criminal possession of a forged instrument in the second and third degrees, and the fact that, by his questioning, defendant’s attorney elicited prejudicial testimony from a key prosecution witness, amounted to such inadequate and ineffective…