The People v. David Mendoza

State of New York OPINION Court of Appeals This opinion is uncorrected and subject to revision before publication in the New York Reports. No. 42 The People &c., Respondent, v. David Mendoza, Appellant. Caitlin Halpern, for appellant. Gamaliel Marrero, for respondent. DiFIORE, Chief Judge: This appeal presents the issue of whether defense counsel is ineffective for advancing a jury nullification defense at trial. Although jury nullification “is not a legally sanctioned function of the jury” (People v Goetz,

73 NY2d 751, 752

[1988]), we hold that -1- -2- No. 42 counsel’s representation, when…