People v. Meralla

Based on the record, we find that defendant was denied effective assistance of counsel at his second trial, particularly as to his severance and collateral estoppel claims, the latter which, though not properly preserved (see, People v Padro, 75 NY2d 820), we review in the interest of justice.

The evidence offered against defendant in the second trial, where it was alleged that he and a co-defendant murdered Ezra Garbutt and that the co-defendant alone murdered Mary Caroline, Garbutt’s girlfriend, was essentially the same as that upon which he was acquitted at the first trial, where he alone…