People v. Gioglio

I respectfully dissent from the majority’s conclusion that defendant was denied his Sixth Amendment right to counsel pursuant to United States v Cronic, 466 US 648, 659; 104 S Ct 2039; 80 L Ed 2d 657 (1984). The majority completely misreads and misapplies Cronic and its progeny. In so doing, the majority reversibly errs. In my view, Cronic does not apply to the facts of this case, and the trial court properly applied the performance and prejudice test for claims of ineffective assistance of counsel as *210articulated in Strickland v Washington, 466 US 668, 688, 694; 104 S Ct 2052; 80 L Ed 2d 674…