Legal Opinion

People v. Schramm

Appellate Division of the Supreme Court of the State of New York

Decided April 26, 1991PublishedCited by 4 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant claims that he was deprived of his constitutional right to the effective assistance of counsel due to his trial counsel’s failure to conduct an adequate pretrial investigation in order to recover exculpatory evidence. "To prevail on a claim of ineffective assistance of counsel, a defendant must demonstrate the absence of strategic or other legitimate explanations for counsel’s failure to pursue 'colorable’ claims” (People v Garcia, 75 NY2d 973, 974; People v Rivera, 71 NY2d 705, 709). We conclude that defendant failed to make such showing.

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2Cases cited8 opinions

  1. People v. RiveraNew York Court of Appeals · 1988
  2. People v. GoetzNew York Court of Appeals · 1986
  3. People v. MottAppellate Division of the Supreme Court of the State of New York · 1983
  4. People v. GarciaNew York Court of Appeals · 1990
  5. People v. WesleyNew York Court of Appeals · 1990

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People v. SumpterAppellate Division of the Supreme Court of the State of New York · 1992
  2. Schramm v. IrvinDistrict Court, W.D. New York · 1998
  3. People v. GrantAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. KatesAppellate Division of the Supreme Court of the State of New York · 2018

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