Legal Opinion
People v. James
Appellate Division of the Supreme Court of the State of New York
Decided February 10, 2012PublishedCited by 5 opinions
1Opinion of the Court
*1208We also reject the contention of defendant that he was denied effective assistance of counsel based on the failure of defense counsel to assert defendant’s right to testify before the grand jury. Such failure “does not, per se, amount to a denial of effective assistance of counsel under the circumstance of this case” (People v Wiggins, 89 NY2d 872, 873 [1996]; see People v Simmons, 10 NY3d 946, 949 [2008]). Defendant has not established that “he was prejudiced by the failure of [defense counsel] to effectuate his appearance before the grand jury” or that, “had he testified in the grand jury,…
2Cases cited5 opinions
- People v. BouyeaNew York Court of Appeals · 1985
- People v. WigginsNew York Court of Appeals · 1996
- People v. SimmonsNew York Court of Appeals · 2008
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. ShapardAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by5 opinions
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 2016
- COLEMAN, JR., RONALD, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
- JAMES, ELLIOTT I., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 2016