Legal Opinion

People v. Webb

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

Decided December 23, 2011PublishedCited by 14 opinions

1Opinion of the Court

Memorandum:

Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]) and criminal possession of a weapon in the third degree (§ 265.02 [1]). We agree with defendant that he was deprived of effective assistance of counsel based on, inter alia, defense counsel’s elicitation of testimony from defendant concerning a prior conviction that had been excluded by County Court. We therefore reverse.

The court’s Sandoval ruling permitted the People to cross-examine defendant regarding three of his prior…

2Cases cited5 opinions

  1. People v. ZaborskiNew York Court of Appeals · 1983
  2. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. LauderdaleAppellate Division of the Supreme Court of the State of New York · 2002
  4. People v. OfunniyinAppellate Division of the Supreme Court of the State of New York · 1985
  5. People v. RamosAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by14 opinions

  1. People v. JarvisAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. WiltshireAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. CollierAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. ReitzAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. McCrayAppellate Division of the Supreme Court of the State of New York · 2014

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API