Legal Opinion · Concurring in part, dissenting in part

People v. Taylor

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

Decided November 2, 2017No. 108690Published

1Concurring in part, dissenting in partEgan Jr., J.

We concur with the majority’s holding that, in assessing a claim of ineffective assistance of counsel, the reviewing court should consider the seriousness of the alleged errors committed by trial counsel in their entirety (see People v Wright, 25 NY3d 769, 779 [2015]; People v Benevento, 91 NY2d 708, 712 [1998]; People v Baldi, 54 NY2d 137, 147 [1981]), and that where, as here, the claim is based upon facts appearing both on the record and outside the record—i.e., a “mixed claim[ ]” of ineffective assistance (People v Evans, 16 NY3d 571, 575 n 2 [2011], cert denied 565 US 912 [2011])—a CPL…

2Cases cited9 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. BeneventoNew York Court of Appeals · 1998
  3. People v. MaxwellAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. EvansNew York Court of Appeals · 2011
  5. People v. BaxleyNew York Court of Appeals · 1994

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