Legal Opinion
People v. Vasquez
New York Court of Appeals
Decided February 19, 2013PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
We hold that defendant’s trial counsel was not ineffective for failing to object under CPL 710.30 to testimony about a victim’s out-of-court identification.
I
A jury convicted defendant of attempted robbery, menacing and possession of a weapon, based on evidence that defendant approached a man in the street, asked for money, and pointed a knife at him. Evidence at trial showed that the victim ran into a nearby store and called 911. When Officer Brian Herbert responded to the call, defendant was still in the vicinity; the victim pointed him out, and Herbert arrested…
2Cases cited7 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. BeneventoNew York Court of Appeals · 1998
- People v. StultzNew York Court of Appeals · 2004
- People v. CabanNew York Court of Appeals · 2005
- People v. AndersonNew York Court of Appeals · 1985
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3Cited by7 opinions
- People v. MattisAppellate Division of the Supreme Court of the State of New York · 2013
- People v. PorterAppellate Division of the Supreme Court of the State of New York · 2020
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2015
- People v. JonesAppellate Terms of the Supreme Court of New York · 2015
- Gamble v. KirkpatrickDistrict Court, E.D. New York · 2023
2 more not listed; retrieve them via the Exa API.