Legal Opinion

People v. Campbell

Court for the Trial of Impeachments and Correction of Errors

Decided October 12, 2017PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM:

***942The order of the Appellate Division should be affirmed.

Under both federal and state constitutional standards, defendant "bears the burden of establishing his claim[s] that counsel's performance is constitutionally deficient" ( People v. Nicholson, 26 N.Y.3d 813, 831, 28 N.Y.S.3d 663, 48 N.E.3d 944 [2016] ). Defendant "must demonstrate the absence of strategic or other legitimate explanations for counsel's alleged failure" (id. ). On this record, defendant has not met that burden.

Defendant presents ineffective assistance of counsel claims that are "of the type where 'it ...…

2Cases cited4 opinions

  1. People v. BrownNew York Court of Appeals · 1978
  2. The People v. Christopher A. NicholsonNew York Court of Appeals · 2016
  3. Amsterdam Savings Bank v. City View Management Corp.New York Court of Appeals · 1978
  4. The People v. Steven HendersonNew York Court of Appeals · 2016

3Cited by11 opinions

  1. Revis v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. SpositoCourt for the Trial of Impeachments and Correction of Errors · 2018
  3. People v. CampbellAppellate Division of the Supreme Court of the State of New York · 2024
  4. Darrelle Revis v. Neil SchwartzNew York Court of Appeals · 2022
  5. Matter of 215-219 W. 28th St. Mazal Owner LLC v. Citiscape Bldrs. Group Inc.Appellate Division of the Supreme Court of the State of New York · 2019

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