Legal Opinion
People v. McDaniel
New York Court of Appeals
Decided September 1, 2009PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Because defense counsel’s decision not to seek dismissal of the robbery in the first degree charge for insufficient evidence would not have resulted in a dismissal of that charge (see People v Lopez, 73 NY2d 214, 219-220 [1989]; People v Baskerville, 60 NY2d 374, 380-381 [1983]), defendant’s claim of ineffective assistance of counsel is meritless. Furthermore, the attorney’s conduct did not consist of “ ‘egregious and prejudicial’ error such that defendant did not receive a fair trial” (People v Benevento,…
2Cases cited5 opinions
- People v. BaldiNew York Court of Appeals · 1981
- People v. BeneventoNew York Court of Appeals · 1998
- People v. FloresNew York Court of Appeals · 1994
- People v. BaskervilleNew York Court of Appeals · 1983
- People v. LopezNew York Court of Appeals · 1989
3Cited by10 opinions
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2010
- People v. RolleAppellate Division of the Supreme Court of the State of New York · 2010
- People v. BatteaseAppellate Division of the Supreme Court of the State of New York · 2010
- People v. RaceAppellate Division of the Supreme Court of the State of New York · 2010
- People v. BorcykAppellate Division of the Supreme Court of the State of New York · 2020
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