People v. Berroa

OPINION OF THE COURT

Wesley, J.

This case calls upon us to examine whether a defendant’s right to effective assistance of counsel is compromised when defense counsel stipulates to facts directly contradicting defense witnesses’ statements.

Defendant was indicted for murder in the second degree and related offenses stemming from a killing in Bronx County during the afternoon of June 22, 1994. At trial, two eyewitnesses testified to having observed defendant shoot the victim from point-blank range. One indicated that defendant had black hair and distinctive green eyes. The other surmised that the…