Legal Opinion

People v. Every

New York Court of Appeals

Decided September 5, 2017PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Defendant has failed to meet his burden of “demonstrat[ing] the absence of strategic or other legitimate explanations for counsel’s alleged failure[s]” (People v Wragg, 26 NY3d 403, 409 [2015]) and, thus, he cannot prevail on his ineffective assistance of counsel claim. His assertions that County Court erred in charging the jury and deprived him of his constitutional right to present a defense by excluding certain evidence are unpreserved (see People v Angelo, 88 NY2d 217, 222 [1996]; People v Autry, 75…

2Cases cited3 opinions

  1. People v. AngeloNew York Court of Appeals · 1996
  2. People v. AutryNew York Court of Appeals · 1990
  3. The People v. Willie L. WraggNew York Court of Appeals · 2015

3Cited by24 opinions

  1. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2020
  3. People v. WarnerAppellate Division of the Supreme Court of the State of New York · 2021
  4. People v. InfingerAppellate Division of the Supreme Court of the State of New York · 2021
  5. People v. WilkinsAppellate Division of the Supreme Court of the State of New York · 2023

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