People v. Sposito
Court for the Trial of Impeachments and Correction of Errors
1Opinion of the Court
MEMORANDUM:
***1111The order of the Appellate Division, insofar as appealed from, should be affirmed.
Defendant "bears the burden of establishing his claim that counsel's performance is constitutionally deficient" ( People v. Nicholson, 26 N.Y.3d 813, 831, 28 N.Y.S.3d 663, 48 N.E.3d 944 [2016] ; accord People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400 [1981] ) by "demonstrat [ing] the absence of strategic or other legitimate explanations for counsel's alleged failure[s]" ( People v. Wragg, 26 N.Y.3d 403, 409, 23 N.Y.S.3d 600, 44 N.E.3d 898 [2015] ; accord People v. Barboni, 21…
2Cases cited9 opinions
- People v. BaldiNew York Court of Appeals · 1981
- People v. RiveraNew York Court of Appeals · 1988
- People v. BrownNew York Court of Appeals · 1978
- The People v. Christopher A. NicholsonNew York Court of Appeals · 2016
- People v. BarboniNew York Court of Appeals · 2013
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2021
- People v. NjokuAppellate Division of the Supreme Court of the State of New York · 2023
- People v. StetinAppellate Division of the Supreme Court of the State of New York · 2021
- People v. KavalAppellate Division of the Supreme Court of the State of New York · 2021
- People v. BuckleyAppellate Division of the Supreme Court of the State of New York · 2022
10 more not listed; retrieve them via the Exa API.