Legal Opinion
The People v. Marcus D. Hogan
New York Court of Appeals
Decided February 18, 2016No. 18PublishedCited by 67 opinions
1Opinion of the Court
OPINION OF THE COURT
Stein, J.
Under the circumstances of this case, we conclude that the drug factory presumption of Penal Law § 220.25 was properly considered by the factfinder. In addition, defendant argues that the decision regarding whether to testify before the grand jury is fundamental and, therefore, reserved to defendants, rather than a matter of strategy that rests with defense counsel. We reject that argument and hold that the decision is a strategic one, requiring the expert judgment of counsel. Thus, we adhere to our prior decisions establishing that the refusal to timely…
2Cases cited22 opinions
- People v. BeneventoNew York Court of Appeals · 1998
- People v. StultzNew York Court of Appeals · 2004
- People v. FergusonNew York Court of Appeals · 1986
- People v. WigginsNew York Court of Appeals · 1996
- People v. ColonNew York Court of Appeals · 1997
17 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- People v. GrahamAppellate Division of the Supreme Court of the State of New York · 2016
- People v. LostumboAppellate Division of the Supreme Court of the State of New York · 2020
- People v. MorganAppellate Division of the Supreme Court of the State of New York · 2017
- People v. GrayNew York Court of Appeals · 2016
- People v. HatcherAppellate Division of the Supreme Court of the State of New York · 2022
62 more not listed; retrieve them via the Exa API.