Legal Opinion · Dissent

People v. Every

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

Decided January 19, 2017No. 107581Published

1DissentAarons, J.

While I agree that the verdict was not against the weight of the evidence, in my view, defendant received the ineffective assistance of counsel when defense *1167counsel’s cumulative errors essentially nullified defendant’s justification defense and removed the focus of the case away from defendant’s alleged justified acts and towards a nonexistent duty to retreat. Accordingly, I respectfully dissent.

Defendant’s defense centered on the theory that he was justified in stabbing the victim after their altercation. James Atwell, who resided in defendant’s home along with the victim, testified that he…

2Cases cited25 opinions

  1. People v. CabanNew York Court of Appeals · 2005
  2. People v. FisherNew York Court of Appeals · 2012
  3. People v. MedinaNew York Court of Appeals · 2011
  4. People v. BellNew York Court of Appeals · 1979
  5. People v. ThielAppellate Division of the Supreme Court of the State of New York · 2015

20 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