Legal Opinion

People v. Baugh

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

Decided January 31, 2012PublishedCited by 15 opinions

1Opinion of the Court

The defendant was not deprived of his right to the effective *966assistance of counsel. Where, as here, an ineffective assistance claim is based upon a particular error in counsel’s performance, the defendant must demonstrate “the absence of strategic or other legitimate explanations” for counsel’s allegedly deficient conduct (People v Rivera, 71 NY2d 705, 709 [1988]; see People v Caban, 5 NY3d 143, 152 [2005]; People v Koki, 74 AD3d 987, 988 [2010]; People v Sprosta, 49 AD3d 784, 785 [2008]). Here, the defendant failed to demonstrate that there was no strategic or legitimate explanation for…

2Cases cited13 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. BeneventoNew York Court of Appeals · 1998
  3. People v. RiveraNew York Court of Appeals · 1988
  4. People v. CabanNew York Court of Appeals · 2005
  5. People v. ElaminAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by15 opinions

  1. People v. AmbersAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. FloydAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. RoblesAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. BaughAppellate Division of the Supreme Court of the State of New York · 2020

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