People v. Benevento

The majority holds that the defendant was deprived of his constitutional right to the effective assistance of counsel because of what they characterize as an absence of any "discernible defense strategy”, and additional errors committed by trial counsel. However, I believe that the majority has misread the record, and that counsel pursued the only viable defense based on the evidence. Thus, I conclude that defendant received meaningful representation in this practically indefensible case, and respectfully dissent.

In the early morning hours of June 17, 1993, the complainant was walking south…