Legal Opinion

People v. Cruz

Appellate Division of the Supreme Court of the State of New York

Decided February 28, 1991PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Asch, J.

Is an attorney bound by his client’s narration of what took place and the client’s wishes with respect to his defense, or is an attorney obligated to undertake a defense inconsistent with the client’s version of what occurred if such a tactic appears to have a good possibility of succeeding?

This question is presented four-square in the case before us. Simply put, the attorney in this case did not move (pursuant *207to Mapp v Ohio, 367 US 643) for suppression of narcotics seized from his client because the client defendant insistently denied any possession of the drugs.

T…

2Cases cited10 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. People v. BaldiNew York Court of Appeals · 1981
  3. People v. RiveraNew York Court of Appeals · 1988
  4. People v. SatterfieldNew York Court of Appeals · 1985
  5. People v. GarciaNew York Court of Appeals · 1990

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. People v. DonovanAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. PeakeAppellate Division of the Supreme Court of the State of New York · 2005
  3. People v. CheatomAppellate Division of the Supreme Court of the State of New York · 2002
  4. People v. LinderAppellate Division of the Supreme Court of the State of New York · 2019
  5. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2016

3 more not listed; retrieve them via the Exa API.

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