Legal Opinion

People v. Flowers

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

Decided July 11, 2012PublishedCited by 7 opinions

1Opinion of the Court

Contrary to the defendant’s contention, he was not deprived of his right to the effective assistance of counsel, since the record as a whole demonstrates that he received meaningful representation (see People v Benevento, 91 NY2d 708, 712-713 [1998]; People v Baldi, 54 NY2d 137, 147 [1981]; cf. People v Cyrus, 48 AD3d 150, 159-161 [2007]).

However, the remarks of the sentencing court demonstrated that it improperly considered a crime that was dismissed at trial for lack of legally sufficient evidence as a basis for sentencing (see People v Grant, 94 AD3d 1139, 1141-1142 [2012]; People v…

2Cases cited7 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. BeneventoNew York Court of Appeals · 1998
  3. People v. GrantAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. CyrusAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. RomeroAppellate Division of the Supreme Court of the State of New York · 2010

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. People v. FlowersNew York Court of Appeals · 2016
  2. People v. LawrenceAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. NewmanAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. FewsAppellate Division of the Supreme Court of the State of New York · 2017
  5. People v. FlowersAppellate Division of the Supreme Court of the State of New York · 2014

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API