People v. Walston

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 of*610fense of murder in the second degree. “What constitutes effective 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…