Legal Opinion
People v. Winkler
New York Court of Appeals
Decided April 28, 1988PublishedCited by 23 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
Legal representation in a criminal proceeding pursuant to a contingent fee retainer, while unquestionably unethical, does not constitute per se ineffective assistance of counsel. A defendant may, however, be entitled to relief upon satisfying the defense burden of showing that the contingent fee conflict of interest effected less than meaningful and constitutionally guaranteed legal representation.
Defendant’s conviction for murder in the second degree after a jury trial was reversed by the Appellate Division on the law; it ordered a new trial solely on a per…
2Cases cited13 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. BaldiNew York Court of Appeals · 1981
- Cuyler v. SullivanSupreme Court of the United States · 1980
- People v. GombergNew York Court of Appeals · 1975
- People v. DrozNew York Court of Appeals · 1976
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Richard Winkler v. John Keane, Superintendent, Sing Sing Correctional FacilityCourt of Appeals for the Second Circuit · 1993
- Dale Tippins v. Hans Walker, Superintendent, Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1996
- People v. SullivanAppellate Division of the Supreme Court of the State of New York · 1990
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1990
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 1998
18 more not listed; retrieve them via the Exa API.