Legal Opinion

People v. Evans

New York Court of Appeals

Decided March 31, 2011No. 51PublishedCited by 404 opinions

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

The primary issue presented on this appeal is whether defendant’s trial counsel was ineffective for failing to raise a statute of limitations defense. Based on the record before us, we conclude that he was not.

On October 3, 1993, defendant, 15 years old at the time, shot and killed a cab driver in Queens. Nearly eight years later, he was indicted on three counts of murder in the second degree (Penal Law § 125.25 [1], [2], [3]) and one count of manslaughter in the first degree (Penal Law § 125.20). The manslaughter count was subject to a five-year statute of…

2Cases cited6 opinions

  1. People v. BeneventoNew York Court of Appeals · 1998
  2. Massaro v. United StatesSupreme Court of the United States · 2003
  3. People v. SatterfieldNew York Court of Appeals · 1985
  4. People v. TurnerNew York Court of Appeals · 2005
  5. People v. BoettcherNew York Court of Appeals · 1987

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3Cited by404 opinions

  1. People v. MaxwellAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. FreemanAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. DevodierAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. BennettAppellate Division of the Supreme Court of the State of New York · 2014

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