People v. Baugh
Appellate Division of the Supreme Court of the State of New York
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
- People v. BaldiNew York Court of Appeals · 1981
- People v. BeneventoNew York Court of Appeals · 1998
- People v. RiveraNew York Court of Appeals · 1988
- People v. CabanNew York Court of Appeals · 2005
- People v. ElaminAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by15 opinions
- People v. AmbersAppellate Division of the Supreme Court of the State of New York · 2014
- People v. FloydAppellate Division of the Supreme Court of the State of New York · 2012
- People v. RoblesAppellate Division of the Supreme Court of the State of New York · 2014
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2014
- People v. BaughAppellate Division of the Supreme Court of the State of New York · 2020
10 more not listed; retrieve them via the Exa API.